| Nationstar Mortgage, LLC v Balducci |
| Motion No: 2016-03102 |
| Slip Opinion No: 2017 NY Slip Op 70218(U) |
| Decided on April 12, 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
M229279
E/sl
CHERYL E. CHAMBERS, J.P.
L. PRISCILLA HALL
SANDRA L. SGROI
COLLEEN D. DUFFY, JJ.
|
2016-03102, 2016-07305 Nationstar Mortgage, LLC, respondent, v Charles Balducci, etc., appellant, et al., defendants. (Index No. 135354/13)
| DECISION & ORDER ON MOTION |
Motion by Charles Balducci to stay the sale of the subject premises, pending hearing and determination of appeals from an order of the Supreme Court, Richmond County, dated March 24, 2016, and an undated order of the same court, to correct the notices of appeals to reflect that he is the proper appellant. Motion by the respondent to dismiss the appeals on the ground that Richard A. Luthmann, the purported appellant named in the notices of appeals, is not aggrieved by the orders appealed from.
Upon the papers filed in support of Charles Balducci's motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of Charles Balducci's motion which is to stay the sale of the subject premises is denied; and it is further,
ORDERED that the branch of Charles Balducci's motion which is to correct the notice of appeal to reflect that Charles Balducci is the proper appellant is granted (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605); and it is further,
ORDERED that the respondent's motion is denied.
CHAMBERS, J.P., HALL, SGROI and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court