| Flushing Bank v Samimi |
| Motion No: 2019-12543 |
| Slip Opinion No: 2020 NY Slip Op 66950(U) |
| Decided on June 10, 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. |
Appellate Division: Second Judicial Department
M271257
kbp/
CHERYL E. CHAMBERS, J.P.
SHERI S. ROMAN
LINDA CHRISTOPHER
PAUL WOOTEN, JJ.
|
2019-12543 Flushing Bank, etc., respondent, v Ghangir Samimi, defendant, Hellen Samimi, appellant. (Index No. 11238/2013)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, entered September 30, 2019. Motion by the respondent to dismiss the appeal on the ground that the dismissal of two prior appeals for failure to timely perfect precludes consideration of the issues to be raised on this appeal pursuant to Bray v Cox (38 NY2d 350).
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 held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
CHAMBERS, J.P., ROMAN, CHRISTOPHER and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court