Board of Managers of the Bergen Homes Condominum v Byam
Motion No: 2019-05344
Slip Opinion No: 2020 NY Slip Op 61686(U)
Decided on January 29, 2020
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

M269156

kbp/

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2019-05344

Board of Managers of the Bergen Homes

Condominium, respondent, v Barbara Byam,

appellant, et al., defendants.

(Index No. 503870/16)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated February 11, 2019, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to extend the time to perfect the appeal, to waive payment of the filing fee, and to stay the foreclosure sale of the subject premises pending hearing and determination of the appeal.

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

ORDERED that the branch of the motion which is to vacate the dismissal of the appeal is denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

RIVERA, J.P., CHAMBERS, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court