Appellate Division: Second Judicial Department

M238703

E/ct

RANDALL T. ENG, P.J.

JEFFREY A. COHEN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2017-00921 Cheryl John, appellant-respondent, v GMAC Mortgage, LLC, defendant; Deustche Bank Trust Company Americas, etc., intervenor defendant-respondent-appellant. (Index No. 11014/15)

DECISION & ORDER ON MOTION

2017-06482

Cheryl John, appellant, v GMAC Mortgage,

LLC, defendant; Deustche Bank Trust Company

Americas, etc., intervenor defendant-respondent.

(Index No. 11014/15)

Motion by Cheryl John on an appeal and a cross appeal from an order of the Supreme Court, Kings County, dated July 27, 2016, and an appeal from an order of the same court dated May 10, 2017, to dismiss the cross appeal on the ground that GMAC Mortgage, LLC, ceased to exist before the notice of cross appeal was filed. Cross motion by Deustche Bank Trust Company Americas to dismiss the appeal from the order dated July 27, 2016, on the ground that no appeal lies from a decision, to withdraw its cross appeal from that order in the event that the branch of the motion which was to dismiss the appeal is granted, to preclude Cheryl John from seeking sanctions without prior leave of the Court, and for an award of an attorney's fee and costs.

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

ORDERED that the motion and the cross motion are denied; and it is further,

ORDERED that on the Court's own motion, the time to perfect the appeals is enlarged until January 29, 2018; and it is further,

ORDERED that Deustche Bank Trust Company Americas shall serve and file its answering brief, including its points of argument on the cross appeal, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]).

ENG, P.J., COHEN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court