Bayview Loan Servicing LLC v Alleyne Sylvester and Celeste Wenegieme

Motion No: M-458

Slip Opinion No: 2018 NYSlipOp 69415(U)

Decided on April 12, 2018

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.

April 12, 2018

Bayview Loan Servicing, LLC,

Plaintiff-Respondent,

v

Alleyne Sylvester and Celeste

Wenegieme,

Defendants-Appellants,

-and-

New York City Environmental Control

Board, et al.,

Defendants.

An appeal having been taken from a judgment of Foreclosure and Sale of the Supreme Court, New York County, entered on or about August 2, 2016, and said appeal having been perfected, And plaintiff having moved for an order striking the appeal from this Court's calendar without prejudice to perfect within an interval to be set by this Court, or in the alternative, extending plaintiff's time to file a respondent's brief to 28 days after this Court decides the within motion, 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 denied.ENTERED: April 12, 2018

_____________________ CLERK

Present: Hon. David Friedman, Justice Presiding, John W. Sweeny, Jr. Marcy L. Kahn Ellen Gesmer Anil C. Singh, Justices

M-458

Index No. 810056/11