| US Bank v Heirs of the Estate of Kart, Harold |
| Motion No: 2019-09054 |
| Slip Opinion No: 2019 NY Slip Op 83501(U) |
| Decided on November 6, 2019 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M267196
kbp/
MARK C. DILLON, J.P.
RUTH C. BALKIN
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
|
2019-09054 US Bank, etc., appellant, v Heirs of the Estate of Harold Kart, et al., defendants, Nikolas Govas, respondent. (Index No. 23324/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to deem the notice of appeal timely served and filed on an appeal from an order of the Supreme Court, Kings County, dated February 14, 2019. Cross motion by the respondent to dismiss the appeal as untimely taken and to impose a sanction upon the appellant.
Upon the papers filed in support of the motion and cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the branch of the cross motion which is to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further,
ORDERED that the cross motion is otherwise denied.
DILLON, J.P., BALKIN, CONNOLLY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court