| Deutsche Bank National Trust Company v Goodwin |
| Motion No: 2016-11467 |
| Slip Opinion No: 2017 NY Slip Op 60210(U) |
| Decided on January 5, 2017 |
| 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
M223593
E/sl
LEONARD B. AUSTIN, J.P.
JEFFREY A. COHEN
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2016-11467 Deutsche Bank National Trust Company, respondent, v Brian D. Goodwin, et al., defendants; 95 Utica Avenue, nonparty-appellant. (Index No. 10125/07)
| DECISION & ORDER ON MOTION |
Motion by the nonparty-appellant 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. By order to show cause dated November 28, 2016, the parties were directed to show cause why the appeal should or should not be dismissed on the ground that the notice of appeal did not properly identify the appealing party or parties (see CPLR 5515), and the motion was held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the motion to stay the foreclosure sale of the subject premises is denied.
AUSTIN, J.P., COHEN, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court