U.S. Bank Trust, N.A. v Marcus
Motion No: 2017-12179
Slip Opinion No: 2020 NY Slip Op 63231(U)
Decided on February 20, 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

M269717

kbp/

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

MARK C. DILLON

RUTH C. BALKIN, JJ.

2017-12179

U.S. Bank Trust, N.A., etc., respondent,

v Robert B. Marcus, etc., et al., appellants.

(Index No. 30988/16)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Rockland County, dated October 12, 2017, on the ground that no appeal lies from an order denying reargument. By decision and order on motion of this Court dated April 20, 2018, the motion was held in abeyance, and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. The appellants have not perfected the appeal, and the appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a).

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied as academic.

SCHEINKMAN, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court