| US Bank National Association v Esses |
| Motion No: 2019-05156 |
| Slip Opinion No: 2022 NY Slip Op 70076(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. |
Appellate Division: Second Judicial Department
M284524
AFA/
ANGELA G. IANNACCI, J.P.
DEBORAH A. DOWLING
BARRY E. WARHIT
JANICE A. TAYLOR, JJ.
|
2019-05156 US Bank National Association, etc., respondent, v Jack Esses, et al., appellants, et al., defendants. (Index No. 13335/2009)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated January 11, 2019. Motion by the respondent to dismiss the appeal on the ground that the notice of appeal, which was timely filed, was not timely served, and on the ground that the dismissal of a prior appeal for failure to timely perfect precludes consideration of the issues to be raised on this appeal pursuant to Bray v Cox (38 NY2d 350). By decision and order on motion of this Court dated December 2, 2019, the motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. The appellants have not perfected the appeal, and the appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a).
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 is denied as academic.
IANNACCI, J.P., DOWLING, WARHIT and TAYLOR, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court