| HILARY LESNIAK, AS ADMINISTRATRIX OF THE ESTATE OF KATHRYN PODESWIK, DECEASED, V WELLS FARGO BANK NA SUCCESSOR BY |
| Motion No: CA 16-02000 |
| Slip Opinion No: 2016 NY Slip Op 95518(U) |
| Decided on December 27, 2016 |
| 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
DOCKET NO. CA 16-02000
CERTIFICATE SERIES 1999-2, DELTA FUNDING CORPORATION,
| HILARY LESNIAK, AS ADMINISTRATRIX OF THE ESTATE OF KATHRYN
PODESWIK, DECEASED, PLAINTIFF-RESPONDENT-APPELLANT, V WELLS FARGO BANK NA SUCCESSOR BY MERGER TO WELLS FARGO BANK
MINNESOTA, NA AS TRUSTEE FORMERLY KNOWN AS NORWEST BANK MINNESOTA, NA AS TRUSTEE FOR THE DELTA FUNDING HOME EQUITY LOAN
ASSET-BACKED OCWEN LOAN SERVICING LLC, AMERICAN SECURITY INSURANCE CO., IGNAZIO P. MAGRO, AND CYNTHIA E. MAGRO,
DEFENDANTS-RESPONDENTS, AND PETER T. ROACH & ASSOCIATES, P.C.,
DEFENDANT-APPELLANT-RESPONDENT. |
Defendant Peter T. Roach & Associates, P.C. having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on October 29, 2015,
Now, upon reading and filing the affirmation of Michael C. Manniello, Esq., dated December 13, 2016, 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 granted, on the condition that appellant perfects the appeal on or before February 27, 2017.
Entered: December 27, 2016
Frances E. Cafarell, Clerk