| U.S. Bank National Association v Fagan |
| Motion No: 2025-00614 |
| Slip Opinion No: 2025 NY Slip Op 72549(U) |
| Decided on July 11, 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. |
Appellate Division: Second Judicial Department
M306473
AFA/
ROBERT J. MILLER, J.P.
PAUL WOOTEN
DEBORAH A. DOWLING
JANICE A. TAYLOR, JJ.
|
2025-00614 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 an order of the Supreme Court, Suffolk County, dated March 14, 2023. Motion by John F. Fagan, inter alia, to extend the time to perfect the appeal. Cross-motion by the respondent to dismiss the appeal as untimely taken or, in the alternative, to extend the time to serve and file a respondent's brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross-motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the cross-motion which is to dismiss the appeal as untimely taken is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further,
ORDERED that the appellant's motion is denied as academic.
MILLER, J.P., WOOTEN, DOWLING and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court