| U.S. Bank, Natl. Assn., As Trustee Under Pooling & Servicing Agreement Dated As of May 1, 2007 Mtge. Pass-through v Harriet Leibowitz |
| Motion No: 2009-02449 WC |
| Slip Opinion No: 2009 NY Slip Op 92239(U) |
| Decided on December 15, 2009 |
| Appellate Term, Second 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. |
APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS
| U.S. BANK, NATIONAL ASSOCIATION, as Trustee under Pooling and Servicing Agreement dated as of May 1, 2007 MORTGAGE PASS-THROUGH, Respondent, -against- HARRIET LEIBOWITZ, Appellant, -and- DEBRA GOLDMAN, PAUL LEIBOWITZ and JOHN DOE/JANE DOE, Respondents. |
DECISION
On the court's own motion, the appeal is dismissed.
The notice of appeal states that the appellant is Harriet Leibowitz. The order appealed from denied a motion by Dorrie Williams. A defendant does not have standing to appeal from the denial of a co-defendant's application (CPLR 5511; Mortgagee Affiliates Corp. v Jerder Realty Servs., 62 AD2d 591 [1978]).