| Bank of New York v Dutan |
| Motion No: 2017-11405 |
| Slip Opinion No: 2021 NY Slip Op 70904(U) |
| Decided on September 1, 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
M278916
E/sl
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
COLLEEN D. DUFFY, JJ.
|
2017-11405 Bank of New York, etc., respondent, v Segundo A. Dutan, appellant, et al., defendants. (Index No. 13739/2009)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Queens County, dated January 31, 2017. Motion by the appellant to recall and vacate two decisions and orders on motion of this Court dated January 13, 2021, and May 17, 2021, respectively, and to extend the time to serve and file a supplemental appellant's appendix containing certain material set forth in the decision and order on motion dated May 17, 2021.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to recall and vacate the decisions and orders on motion of this Court dated January 13, 2021, and May 17, 2021, is denied; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a supplemental appellant's appendix is denied as academic as the respondent timely filed an appendix containing the material set forth in the decision and order on motion dated May 17, 2021.
DILLON, J.P., CHAMBERS, AUSTIN and DUFFY, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court