U.S. Bank v. Hymes

Full title: U.S. BANK NATIONAL ASSOCIATION, Respondent, v. ARLENE GONZALEZ HYMES et…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Dec 7, 2018

2018 N.Y. Slip Op. 90922 (N.Y. App. Div. 2018)

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.

Devine, J.P., Clark, Mulvey and Aarons, JJ., concur.

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