| US Bank, National Assoication, as trustee for SG Mortgage Securities Trust |
| Motion No: 2017-03954 |
| Slip Opinion No: 2017 NY Slip Op 81944(U) |
| Decided on August 4, 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
M235535
E/sl
CHERYL E. CHAMBERS, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2017-03954 US Bank National Association, as trustee for SG Mortgage Securities Trust 2006-FRE2, asset backed certificates, series 2006-FRE2, appellant, v Cecil Springer, et al., respondents, et al., defendant (Index No. 2266/07)
| DECISION & ORDER ON MOTION s. |
Motion by the respondent Point Holding, LLC, to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 5, 2016, insofar as taken against it as untimely taken.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Kings County, to hear and report on the issue of whether the order dated October 5, 2016, was served upon the appellant's counsel by counsel for the respondent Point Holding, LLC, with notice of entry, and, if so, when service was effected; the Supreme Court, Kings County, shall hold the hearing and file its report with all convenient speed; and it is further,
ORDERED that the motion is held in abeyance in the interim.
CHAMBERS, J.P., ROMAN, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court