| Bank of New York Mellon v Roberts |
| Motion No: 2018-07100 |
| Slip Opinion No: 2019 NY Slip Op 85161(U) |
| Decided on December 3, 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
M267838
kbp/
CHERYL E. CHAMBERS, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
LINDA CHRISTOPHER, JJ.
|
2018-07100 Bank of New York Mellon, etc., respondent, v David Roberts, appellant, et al., defendants. (Index No. 135124/13)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Richmond County, dated September 26, 2017. By order to show cause dated September 5, 2019, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of an order and judgment (one paper) of the Supreme Court, Richmond County, dated June 4, 2019.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241).
CHAMBERS, J.P., AUSTIN, MILLER and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court