Appellate Division: Second Judicial Department

M228010

E/sl

L. PRISCILLA HALL, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

FRANCESCA E. CONNOLLY, JJ.

2016-01583 New Century Mortgage Corporation, appellant, v Brian Davis, et al., respondents. (Index No. 38367/05)

DECISION & ORDER ON MOTION

Motion by First American Title Insurance Company to dismiss an appeal from an order of the Supreme Court, Kings County, dated December 2, 2015, on the ground that the record does not include its opposition to the appellant's motion that was determined in the order dated December 2, 2015, and on the ground that the appellant failed to serve it with the notice of appeal, the record and the appellant's brief, or, in the alternative, to enlarge the time to serve and file a brief, and for an award of an attorney's fee and costs. By decision and order on motion dated February 15, 2017, the matter was remitted to the Supreme Court, Kings County to report on whether that court considered the opposition of First American Title Insurance Company in connection with the motion that was determined in the order dated December 2, 2015. The Supreme Court, Kings County, has filed its report.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Kings County, it is

ORDERED that the motion is dismissed as First American Title Insurance Company is neither a party to the action nor a respondent on the appeal and does not have standing to make this motion.

HALL, J.P., AUSTIN, SGROI and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court