Avelo Mortgage LLC. v Ainsley McFarlane et al. .

Motion No: M-4187

Slip Opinion No: 2017 NYSlipOp 91757(U)

Decided on November 9, 2017

Appellate Division, First 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.

November 9, 2017

Avelo Mortgage LLC.,

Plaintiff-Appellant,

v

Ainsley McFarlane, et al.,

Defendants-Respondents.

An appeal having been taken to this Court from the order of the Supreme Court, Bronx County, entered on or about July 29, 2016, and said appeal having been perfected, And defendant-respondent Ainsley McFarlane having moved for adjournment of the aforesaid appeal, for leave to intervene as a matter of right or by permission for the purposes of making this motion and to appear as a respondent, or for dismissal of the appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted only to the extent of permitting defendant-respondent leave to intervene and directing the filing of a respondent's brief on or before January 3, 2018 for the February 2018 Term. The motion, to the extent it seeks adjournment of the appeal is denied, as academic. That portion of the motion which seeks dismissal of the appeal is denied, without prejudice to advancing arguments in the respondent's brief. ENTERED: November 9, 2017

_____________________ CLERK

Present - Hon. Rolando T. Acosta, Presiding Justice, Sallie Manzanet-Daniels Judith J. Gische Barbara R. Kapnick Marcy L. Kahn, Justices

M-4187

Index No. 18013/07