Lehman Brothers Bank v Hickson
Motion No: 2017-05031
Slip Opinion No: 2017 NY Slip Op 74621(U)
Decided on May 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M231527

E/ct

JOHN M. LEVENTHAL, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2017-05031

Lehman Brothers Bank, plaintiff,

v Cassandra Hickson, et al., respondents,

et al., defendant; VVSI Corp., nonparty-appellant.

(Index No. 29272/07)

DECISION & ORDER ON MOTION

Motion by the nonparty-appellant, inter alia, for leave to appeal to this Court from so much of an order of the Supreme Court, Kings County, dated April 24, 2017, as sua sponte dismissed the action against all of the defendants except Cassandra Hickson, and to stay a certain foreclosure sale concerning the subject premises, pending hearing and determination of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to appeal to this Court from so much of the order dated April 24, 2017, as sua sponte dismissed the action against all of the defendants except Cassandra Hickson is granted; and it is further,

ORDERED that the motion is otherwise denied.

LEVENTHAL, J.P., BARROS, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court