| Bank of Am., N.A. v Lolymary Marques-elkin |
| Motion No: 2022-00797 SC |
| Slip Opinion No: 2023 NY Slip Op 70777(U) |
| Decided on July 25, 2023 |
| Appellate Term, 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. |
of the State of New York for the 9th & 10th Judicial Districts
JERRY GARGUILO, P.J.
ELIZABETH H. EMERSON
JAMES P. McCORMACK, JJ.
DECISION & ORDER ON MOTION
| Bank of America, N.A., Respondent, v Lolymary Marques-Elkin, Appellant. |
Motion by respondent, on an appeal from a judgment of the District Court of Suffolk County, Fourth District, entered September 12, 2022, to dismiss the appeal as untimely.
Upon the papers filed in support of the motion and no papers having been filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED, on the court's own motion, that the notice of appeal filed September 6, 2022 is deemed a premature notice of appeal from the judgment entered September 12, 2022.
ENTER:
Paul Kenny
Chief Clerk