Appellate Division: Second Judicial Department

M272198

E/sl

MARK C. DILLON, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2019-08020 US Bank National Association, etc., respondent, v Roger W. Edwards, etc., defendant-appellant, et al. defendants; 372 Monroe Street, LLC, nonparty-appel (Index No. 21083/2007)

DECISION & ORDER ON MOTION , lant.

Appeals from an order and judgment (one paper) of the Supreme Court, Kings County, dated February 19, 2019. The appeal by 372 Monroe Street, LLC, has been deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent to dismiss the appeal by 372 Monroe Street, LLC, for failure to timely perfect. By decision and order on motion of this Court dated December 3, 2019, the respondent's prior motion to dismiss the appeal by 372 Monroe Street, LLC, on the ground that 372 Monroe Street, LLC, is not aggrieved by the order and judgment was held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

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

ORDERED that the motion to dismiss the appeal by 372 Monroe Street, LLC, for failure to timely perfect denied as unnecessary as that appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a); and it is further,

ORDERED that the motion to dismiss the appeal by 372 Monroe Street, LLC, on the ground that it is not aggrieved by the order and judgment is denied as academic.

DILLON, J.P., MILLER, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court