Appellate Division: Second Judicial Department

M232953

/ct

RANDALL T. ENG, P.J.

LEONARD B. AUSTIN

ROBERT J. MILLER

BETSY BARROS, JJ.

2017-02305, 2017-02306 U.S. Bank National Association, as trustee, on behalf of the holders of CSMC Mortgage-Backed Pass-Through Certificates, Series 2007-1, respondent, v Marie Auguste, also known as Marie M. Auguste, appellant, et al., defendants. (Index No. 506979/14)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, both dated January 3, 2017. By order to show cause dated April 17, 2017, Marie Auguste, also known as Marie M. Auguste was directed to show cause before this Court, why an order should or should not be made and entered dismissing appeals by Charlotin and Bushwick Groupe, LLC, from the orders on the ground that the notice of appeal does not comply with CPLR 5515 as Charlotin and Bushwick Groupe, LLC, was not a proper appellant. Motion by Marie Auguste, also known as Marie M. Auguste, to correct the notice of appeal to reflect that she is the proper appellant and to amend the caption.

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 no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeals is denied; and it is further,

ORDERED that the motion by Marie Auguste, also known as Marie M. Auguste, is granted (see Matter of Tagliaferri, 1 NY3d 605; CPLR 2001), and the caption is amended accordingly.

ENG, P.J., AUSTIN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court