Bank of New York as Trustee for v Jonathan M. Hunt also known as

Motion No: M-1115

Slip Opinion No: 2018 NYSlipOp 74734(U)

Decided on June 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.

June 12, 2018

Bank of New York as Trustee for

Certificateholders of CWALT2005-38,

Plaintiff,

v

Jonathan M. Hunt, also known as

Jonathan McIndoe Hunt, Executor of

the Estate of Lavina Nihoul Lounsbury,

also known as Lavina Lounsbury, et al.,

Defendant.

Defendant having moved, pursuant to CPLR 5704(a), to

reverse the decision of the Supreme Court, New York County, which declined to sign the May 11, 2017 order to show cause, vacate and set aside the foreclosure sale, vacate the judgment of foreclosure and sale, vacate the order of reference, dismiss the action with prejudice, and award defendant sanctions, costs and attorney's fees, 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 in its entirety. ENTERED: June 12, 2018

_____________________ CLERK

Present: Hon. Rolando T. Acosta, Presiding Justice, David Friedman Sallie Manzanet-Daniels Barbara R. Kapnick Cynthia S. Kern, Justices

M-1115

Index No. 116822/06