Opinion
Motion No: 527639
12-07-2018
U.S. BANK NATIONAL ASSOCIATION, Respondent, v. ARLENE GONZALEZ HYMES et al., Defendants, and GUARDIAN PRESERVATION LLC, Appellant.
DECISION AND ORDER ON MOTION
Motion to dismiss appeal.
Upon the papers filed in support of the motion, and no papers having been filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal for failure of prosecution is denied, without costs, as unnecessary (see 22 NYCRR 1250.10 [a]), and it is further
ORDERED that the motion to dismiss the appeal for lack of appealability is denied, without costs, as academic.
Devine, J.P., Clark, Mulvey and Aarons, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court