| BNY Mellon v Holmes |
| Motion No: 2017-12889 |
| Slip Opinion No: 2020 NY Slip Op 73159(U) |
| Decided on October 16, 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
M273521
E/sl
JOSEPH J. MALTESE, J.P.
MARK C. DILLON
JOHN M. LEVENTHAL
FRANCESCA E. CONNOLLY, JJ.
|
2017-12889 BNY Mellon, appellant, v Earl C. Holmes, et al., respondents, et al., defendants. (Index No. 514746/2016)
| DECISION & ORDER ON MOTION |
Appeal from a decision of the Supreme Court, Kings County, dated October 2, 2017. By order to show cause dated August 31, 2020, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies from a decision.
Now, upon the order to show cause and no papers having been filed in response thereto, it is
ORDERED that the motion 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).
MALTESE, J.P., DILLON, LEVENTHAL and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court