Simmons v Plotch
Motion No: 2021-00643
Slip Opinion No: 2022 NY Slip Op 62272(U)
Decided on February 28, 2022
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

M281677

MB/

ANGELA G. IANNACCI, J.P.

SHERI S. ROMAN

LARA J. GENOVESI

WILLIAM G. FORD, JJ.

2021-00643

Sylvia C. Simmons, appellant,

v Batia Plotch, et al., defendants,

National Mortgage, LLC, etc., respondent.

(Index No. 2001/2019)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, entered November 19, 2020. Motion by the respondent to dismiss the appeal for failure to timely perfect.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied as unnecessary, as the appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a).

IANNACCI, J.P., ROMAN, GENOVESI and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court