| Bank of New York Mellon v Castro |
| Motion No: 2024-10391 |
| Slip Opinion No: 2025 NY Slip Op 79419(U) |
| Decided on October 29, 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
M308952
AFA/
COLLEEN D. DUFFY, J.P.
DEBORAH A. DOWLING
LILLIAN WAN
PHILLIP HOM, JJ.
|
2024-10391 Bank of New York Mellon, etc., respondent, v Mario E. Castro, et al., appellants. (Index No. 631307/2023)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated July 18, 2024, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to waive certification of the record pursuant to 22 NYCRR 1250.7(g).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to vacate the dismissal of the appeal pursuant to 22 NYCRR 1250.10(c) is denied; and it is further,
ORDERED that the branch of the motion which is to waive certification of the record pursuant to 22 NYCRR 1250.7(g) is denied as academic.
DUFFY, J.P., DOWLING, WAN and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court