| Deutsche Bank National Trust Company v Warren |
| Motion No: 2020-05174 |
| Slip Opinion No: 2020 NY Slip Op 72035(U) |
| Decided on September 23, 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
M273156
E/sl
ALAN D. SCHEINKMAN, P.J.
HECTOR D. LASALLE
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.
|
2020-05174 Deutsche Bank National Trust Company, etc., appellant, v Lennox Warren, respondent, et al., defendants. (Index No. 705801/2019)
| DECISION & ORDER ON MOTION |
Appeal from a decision of the Supreme Court, Queens County, dated April 27, 2020. Motion by the respondent to dismiss the appeal on the ground that no appeal lies from a decision or in the alternative, to extend the time to serve and file a brief. Cross motion by the appellant to deem the notice of appeal from the decision to be a premature notice of appeal from "a forthcoming" order of the Supreme Court, Queens County.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,
ORDERED that the motion is otherwise denied as academic; and it is further,
ORDERED that the cross motion is denied.
SCHEINKMAN, P.J., LASALLE, BRATHWAITE NELSON and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court