| CITIMORTGAGE, INC., FORMERLY KNOWN AS CITICORP MORTGAGE, INC. V JOHN CHEN, - . |
| Motion No: CA 08-00285 |
| Slip Opinion No: 2008 NYSlipOp 68862(U) |
| Decided on April 8, 2008 |
| Appellate Division, Fourth 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. |
PRESENT: SCUDDER, P.J., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
DOCKET NO. CA 08-00285
| CITIMORTGAGE, INC., FORMERLY KNOWN AS CITICORP MORTGAGE, INC.,
PLAINTIFF-RESPONDENT, V JOHN CHEN, DEFENDANT-APPELLANT, ET AL., DEFENDANTS. |
Respondent having moved to dismiss the appeal taken from a judgment of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on November 6, 2007, on the ground that the appeal is precluded by the dismissal of prior appeals, and for other relief,
Now, upon reading and filing the affirmation of J. Eric Charlton dated March 16, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Woodruff Lee Carroll sworn to March 18, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion to dismiss be, and the same hereby is, denied without prejudice, and
It is further ORDERED that respondent shall file and serve a brief on the appeal on or before May 8, 2008, and
It is further ORDERED that reply briefs, if any, shall be filed and service on or before May 23, 2008.
Entered: April 8, 2008
JoAnn M. Wahl, Clerk