BNY Mellon v Holmes
Motion No: 2017-12889
Slip Opinion No: 2021 NY Slip Op 63473(U)
Decided on March 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M276250

MB/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

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, which was dismissed pursuant to decision and order on motion of this Court dated October 16, 2020. Motion by the appellant, in effect, to vacate the decision and order on motion of this Court dated October 16, 2020, and to deem the notice of appeal to reflect that the appeal is taken from an order of the Supreme Court, Kings County, dated March 18, 2018.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

DILLON, J.P., CHAMBERS, DUFFY and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court