Torres v Nationstar Mortgage LLC
Motion No: 2024-12759
Slip Opinion No: 2025 NY Slip Op 63202(U)
Decided on February 21, 2025
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

M303039

AFA/

FRANCESCA E. CONNOLLY, J.P.

CHERYL E. CHAMBERS

CARL J. LANDICINO

DONNA-MARIE E. GOLIA, JJ.

2024-12759

Franklin Torres, appellant, v Nationstar

Mortgage LLC, etc., respondent.

(Index No. 721681/2023)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated October 15, 2024. Motion by the respondent to dismiss the appeal on the ground that the appeal was untimely taken or, in the alternative, to extend the time to serve and file a brief. Cross-motion by the appellant for leave to serve and file a late notice of appeal.

Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is

ORDERED that the cross-motion is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further,

ORDERED that the branch of the motion which to extend the time to serve and file a brief is denied as academic.

CONNOLLY, J.P., CHAMBERS, LANDICINO and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court