| Bank of America, N.A. v Olayinka |
| Motion No: 2023-09855 |
| Slip Opinion No: 2025 NY Slip Op 76789(U) |
| Decided on September 17, 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
M307902
ID/
COLLEEN D. DUFFY, J.P.
ROBERT J. MILLER
DONNA-MARIE E. GOLIA
ELENA GOLDBERG VELAZQUEZ, JJ.
|
2023-09855 Bank of America, N.A., respondent, v Rasheed Ola Olayinka, defendant; Rasheed Ola Olayinka Trust, nonparty- appellant. (Index No. 503344/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated July 26, 2023, which was dismissed by decision and order on motion of this Court dated January 22, 2025, for failure to comply with a prior decision and order on motion of this Court dated October 2, 2024. Motion by the appellant to vacate the dismissal of the appeal and to stay the sale of the subject property, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is dismissed as the appellant is required to be represented by counsel and the appellant's failure to appear by an attorney requires dismissal of the motion (see Martins v Liu, 216 AD3d 762; Gabayzadeh v Taylor, 639 F Supp 2d 298, 301-302; Jud. L §§ 478, 484).
DUFFY, J.P., MILLER, GOLIA and GOLDBERG VELAZQUEZ, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court