| BAYVIEW LOAN SERVICING, LLC, A DELAWARE LIMITED LIABILITY COMPANY V AUNT JOSIE'S RESTAURANT, INC., PHILOMENA CARUSO |
| Motion No: CA 14-00030 |
| Slip Opinion No: 2014 NY Slip Op 62634(U) |
| Decided on January 28, 2014 |
| 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., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
DOCKET NO. CA 14-00030
| BAYVIEW LOAN SERVICING, LLC, A DELAWARE LIMITED
LIABILITY COMPANY, PLAINTIFF, V AUNT JOSIE'S RESTAURANT, INC., PHILOMENA CARUSO, CAPITAL ONE BANK (USA), NA,
COMMUNITY GENERAL HOSPITAL OF GREATER SYRACUSE, MANUFACTURERS & TRADERS TRUST COMPANY, MIDLAND FUNDING, LLC,
DOING BUSINESS IN NEW YORK AS MIDLAND FUNDING OF DELAWARE, LLC, NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE,
STATE TAX COMMISSION, UNITED STATES OF AMERICA - INTERNAL REVENUE SERVICE, ET AL.,
DEFENDANTS. |
Plaintiff having moved for leave to appeal to this Court from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on May 31, 2013, or, in the alternative, for vacatur or modification of said order pursuant to CPLR 5704 (a),
Now, upon reading and filing the affirmation of Andrew Morganstern, Esq., dated January 6, 2014, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied without prejudice to plaintiff making a motion on notice in Supreme Court to vacate or modify the order entered May 31, 2013, and to plaintiff appealing to this Court any order denying that motion (see CPLR 5701 [a] [3]; Sholes v Meagher, 100 NY2d 333, 335).
Entered: January 28, 2014
Frances E. Cafarell, Clerk