DePalma v Roundpoint Mortgage Servicing Corp.
Motion No: 2017-07190
Slip Opinion No: 2017 NY Slip Op 94022(U)
Decided on December 1, 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

M242341

E/ct

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

BETSY BARROS, JJ.

2017-07190

Carmine DePalma, et al., appellants,

v Roundpoint Mortgage Servicing Corp.,

et al., defendants, Cooperfield Investments,

LLC, et al., respondents.

(Index No. 52322/14)

DECISION & ORDER ON MOTION

Motion by Roundpoint Mortgage Servicing Corp. and Private Capital Group, LLC, to dismiss an appeal from an order of the Supreme Court, Westchester County, dated May 31, 2017, on the ground that no appeal lies from an order denying reargument.

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

ORDERED that the motion is dismissed as the movants do not have standing to make the motion as they are not respondents on the appeal.

DILLON, J.P., AUSTIN, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court