Bank of New York Mellon v Rodriguez
Motion No: 2019-05249
Slip Opinion No: 2019 NY Slip Op 86568(U)
Decided on December 20, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M268372

kbp/

WILLIAM F. MASTRO, J.P.

ROBERT J. MILLER

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2019-05249

Bank of New York Mellon, etc., plaintiff-

respondent, v Juan Rodriguez, etc., appellant;

Teller Ave Real Property, LLC, nonparty-respondent.

(Index No. 16690/11)

DECISION & ORDER ON MOTION

Motion by the appellant to stay his eviction from the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated December 10, 2018.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is dismissed, as the appeal has been deemed dismissed for failure to timely perfect.

MASTRO, J.P., MILLER, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court