| 264 Lagoon Dr Lido Beach NY, LLC v J.P. Morgan Mortg |
| Motion No: 2015-07553 |
| Slip Opinion No: 2015 NY Slip Op 85103(U) |
| Decided on September 18, 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. |
Appellate Division: Second Judicial Department
M198742
E/sl
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX, JJ.
|
2015-07553 264 Lagoon Dr Lido Beach NY, LLC, appellant, v J.P. Morgan Mortgage Acquisition Corp., et al., defendants, Wells Fargo Bank, National Association, etc., respondent. (Index No. 5399/14)
| DECISION & ORDER ON MOTION |
Motion by Wells Fargo Bank, National Association, as trustee for SRMOF II 2011-1 Trust, in effect, to be substituted for the respondent, Wilmington Savings Fund Society FSB, on an appeal from an order of the Supreme Court, Nassau County, entered April 16, 2015, and to dismiss the appeal for failure to join it as a necessary party to the action.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is, in effect, to substitute Wells Fargo Bank, National Association, as trustee for SRMOF II 2011-1 Trust, for the respondent, Wilmington Savings Fund Society FSB, is granted, and the caption is amended accordingly; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
MASTRO, J.P., LEVENTHAL, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court