Opinion
Motion No: 2012-00414 Index No. 26628/10M142454
08-20-2012
Citibank (South Dakota) N.A., plaintiff, v. Shmuel A. Lowenbein, appellant.
, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated March 23, 2011. By decision and order on motion of this Court dated July 10, 2012, the appellant was directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant was not aggrieved by the order dated March 23, 2011,
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeal is dismissed, without costs or disbursements, as the issue the appellant seeks to raise on the appeal remains pending and undecided (see CPLR 5511; Katz v Katz, 68 AD2d 536); and it is further,
ORDERED that the application is denied as academic.
DICKERSON, J.P., CHAMBERS, HALL, LOTT and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court