Opinion
2021-70904 Index 13739/2009
09-01-2021
Bank of New York, etc., respondent, v. Segundo A. Dutan, appellant, et al., defendants. Motion No. 2017-11405
Unpublished Opinion
MOTION DECISION
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, LEONARD B. AUSTIN, COLLEEN D. DUFFY, JJ.
DECISION & ORDER ON MOTION
Appeal from a judgment of the Supreme Court, Queens County, dated January 31, 2017. Motion by the appellant to recall and vacate two decisions and orders on motion of this Court dated January 13, 2021, and May 17, 2021, respectively, and to extend the time to serve and file a supplemental appellant's appendix containing certain material set forth in the decision and order on motion dated May 17, 2021.
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 recall and vacate the decisions and orders on motion of this Court dated January 13, 2021, and May 17, 2021, is denied; and it is further, ORDERED that the branch of the motion which is to extend the time to serve and file a supplemental appellant's appendix is denied as academic as the respondent timely filed an appendix containing the material set forth in the decision and order on motion dated May 17, 2021.
DILLON, J.P., CHAMBERS, AUSTIN and DUFFY, JJ., concur.