| Selene Finance, L.P. v Chrone |
| Motion No: 2019-09381 |
| Slip Opinion No: 2021 NY Slip Op 60371(U) |
| Decided on January 13, 2021 |
| 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
M275008
E/sl
SYLVIA O. HINDS-RADIX, J.P.
ROBERT J. MILLER
HECTOR D. LASALLE
ANGELA G. IANNACCI, JJ.
|
2019-09381 Selene Finance L.P., respondent, v Stanley Chrone, et al., appellants, et al., defendants. (Index No. 35145/2018)
| DECISION & ORDER ON MOTION |
2019-13351
Selene Finance L.P., respondent,
v Stanley Chrone, et al., appellants,
et al., defendants.
(Index No. 35145/2018)
Appeal from an order of the Supreme Court, Rockland County, dated July 1, 2019, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and appeal from an order and judgment (one paper) of the same court October 16, 2019. Motion by the respondent to dismiss the appeal from the order and judgment on the ground that dismissal of the appeal from the order for failure to timely perfect precludes review of the issues raised on the appeal from the order and judgment pursuant to Bray v Cox (38 NY2d 350). Cross motion by the appellant, in effect, pursuant to 22 NYCRR 1250(c) to vacate the dismissal of the appeal from the order and for leave to withdraw the appeal from the order.
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 cross motion is granted, the dismissal of the appeal from the order pursuant to 22 NYCRR 1250.10(a) is vacated, and the appeal from the order is deemed withdrawn; and it is further,
ORDERED that the motion is denied.
HINDS-RADIX, J.P., MILLER, LASALLE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court