Bank of New York Mellon v Smith
Motion No: 2019-07016
Slip Opinion No: 2022 NY Slip Op 70039(U)
Decided on August 17, 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

M284505

AFA/

ANGELA G. IANNACCI, J.P.

DEBORAH A. DOWLING

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2019-07016

Bank of New York Mellon, etc., respondent,

v Brenda Smith, et al., appellants, et al., defendants.

(Index No. 69534/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated March 18, 2019, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Separate motion by the appellants to stay enforcement of the order, pending hearing and determination of the appeal.

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

ORDERED that the motions are denied.

IANNACCI, J.P., DOWLING, WARHIT and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court