| U.S. Bank National Association v Fagan |
| Motion No: 2024-03286 |
| Slip Opinion No: 2024 NY Slip Op 78104(U) |
| Decided on November 8, 2024 |
| 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
M300579
ID/
HECTOR D. LASALLE, P.J.
WILLIAM G. FORD
HELEN VOUTSINAS
DONNA-MARIE E. GOLIA, JJ.
|
2024-03286 U.S. Bank National Association, etc., respondent, v John F. Fagan, appellant, et al., defendant. (Index No. 6289/2007)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Suffolk County, dated September 27, 2017. Motion by the respondent, inter alia, to dismiss the appeal on the ground that the appeal was untimely taken. Motion by the appellant to stay the sale of the subject property, 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 branch of the motion by the respondent which is to dismiss the appeal on the ground that the appeal was untimely taken is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further,
ORDERED that the motion by the respondent is otherwise denied as academic; and it is further,
ORDERED that the motion by the appellant is denied as academic.
LASALLE, P.J., FORD, VOUTSINAS and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court