| U.S. Bank Trust, National Association v Yi Dai |
| Motion No: 2020-04744 |
| Slip Opinion No: 2023 NY Slip Op 62958(U) |
| Decided on March 6, 2023 |
| 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
M287692
AFA/
FRANCESCA E. CONNOLLY, J.P.
CHERYL E. CHAMBERS
DEBORAH A. DOWLING
HELEN VOUTSINAS, JJ.
|
2020-04744 U.S. Bank Trust, National Association, etc., respondent, v Yi Dai, appellant, et al., defendants. (Index No. 32415/2009)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated February 24, 2020. Motion by the respondent to dismiss the appeal on the ground that the dismissal of a prior appeal for failure to timely perfect precludes consideration of the issues to be raised on the appeal from the order dated February 24, 2020, pursuant to Bray v Cox (38 NY2d 350).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
CONNOLLY, J.P., CHAMBERS, DOWLING and VOUTSINAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court