Bank of N. Y., As Trustee for Benefit of Cwabs, Inc., Asset-backed Certificates, Series Occupants, & Kristina Dupps & Michael Ostrowski
Motion No: 2012-00136 nc
Slip Opinion No: 2012 NY Slip Op 90827(U)
Decided on November 13, 2012
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 of the Supreme Court

of the State of New York for the 9th & 10th judicial Districts

HECTOR D. LaSALLE, J.P.

DENISE F. MOLIA

ANGELA G. IANNACCI, JJ.

DECISION & ORDER ON MOTION

2012-136 N C
2006-26, Respondent, v Jessica Betancourt, Lucas Dupps and Margaret Karaszek,
Bank of New York, as Trustee for the Benefit of Cwabs, Inc., Asset-Backed Certificates, Series Occupants, and Kristina Dupps and Michael Ostrowski, Appellants.

Appeal from an order of the District Court of Nassau County, First District, entered January 5, 2012.

On the court's own motion, it is

ORDERED that so much of the appeal as was taken by appellant Michael Ostrowski is dismissed as moot; and it is further,

ORDERED that so much of the appeal as was taken by appellant Kristina Dupps is dismissed for lack of prosecution.

So much of the appeal from the order entered January 5, 2012 as was taken by appellant Michael Ostrowski has been rendered moot, as the order appealed from granted a motion by respondent for the re-issuance of a warrant pursuant to a final judgment that was subsequently reversed by this court with respect to appellant Michael Ostrowski, and a new final judgment has been entered against said appellant following a trial.

ENTER:

Paul Kenny

Chief Clerk