Marte v Greentree Servicing, LLC
Motion No: 2017-00048
Slip Opinion No: 2017 NY Slip Op 92999(U)
Decided on November 20, 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

M241360

E/htr

MARK C. DILLON, J.P.

RUTH C. BALKIN

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2017-00048

Luis Marte, appellant, v Greentree

Servicing, LLC, defendant third-party

plaintiff, et al., defendant; New York

City Department of Finance, third-party

defendant-respondent.

(Index No. 3545/15)

DECISION & ORDER ON MOTION

Motion by the third-party defendant-respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 7, 2016, on the ground that the appellant is not aggrieved, or, in the alternative, to enlarge the time to serve and file a brief.

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 to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that the motion is otherwise denied as academic.

DILLON, J.P., BALKIN, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court