Emigrant Mortgage Company, Inc. v Carrera
Motion No: 2013-04017
Slip Opinion No: 2015 NY Slip Op 80914(U)
Decided on August 6, 2015
Appellate Division, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M196586

J/sl

RANDALL T. ENG, P.J.

LEONARD B. AUSTIN

JEFFREY A. COHEN

BETSY BARROS, JJ.

2013-04017

Emigrant Mortgage Company, Inc., respondent,

v Bertha Carrera, et al., appellants, et al.,

defendants.

(Index No. 30346/09)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 30, 2013, on the ground that the appellants no longer have any interest in the subject premises and have no right to contest the subject mortgage as a lien encumbering the subject premises. By decision and order on motion of this Court dated December 24, 2013, the motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission therof. The appeal was determined by decision and order of this Court dated March 28, 2015.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

ENG, P.J., AUSTIN, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court