| Deutsche Bank National Trust Company v Goodwin |
| Motion No: 2016-11467 |
| Slip Opinion No: 2016 NY Slip Op 92558(U) |
| Decided on November 28, 2016 |
| 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
M222051
E/sl
LEONARD B. AUSTIN, J.P.
JEFFREY A. COHEN
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2016-11467
Deutsche Bank National Trust Company, plaintiff, v Brian D. Goodwin, et al., defendants; 95 Utica Avenue, nonparty. (Index No. 10125/07)
| ORDER TO SHOW CAUSE |
Motion to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated November 1, 2016.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the parties are directed to show cause why the appeal should or should not be dismissed on the ground that the notice of appeal does not properly identify the appealing party or parties (see CPLR 5515), by filing an affidavit or affirmation on that issue with the Clerk of this Court on or before December 19, 2016, and serving one copy of the same on each other; and it is further,
ORDERED that the motion is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this Court, or her designee, shall serve a copy of this order to show cause on Solomon Rosengarten, Esq., the attorney who filed the notice of appeal, and Eckert Seamens Cherin & Mellott, Inc., the attorney for the plaintiff, by regular mail.
AUSTIN, J.P., COHEN, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court