US Bank, NA v Riviere
Motion No: 2017-11415
Slip Opinion No: 2018 NY Slip Op 75726(U)
Decided on June 22, 2018
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

M243635

E/afa

CHERYL E. CHAMBERS, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2017-11415

US Bank, NA, plaintiff-respondent,

v Michelle Y. Riviere, et al., defendants,

Victoria Koyle, appellant; Welcome to

New Home, LLC, intervenor-respondent.

(Index No. 15465/04)

DECISION & ORDER ON MOTION

Motion by the appellant to stay a certain holdover eviction proceeding pending in the First District Court, Nassau County, pending hearing and determination of an appeal from an order of the Supreme Court, Nassau County, entered May 4, 2017. Separate motion by Welcome to New Home, LLC, for leave to intervene as a respondent on the appeal and to dismiss the appeal as untimely taken.

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

ORDERED that the motion by Welcome to New Home, LLC, is granted, the caption is amended accordingly, and the appeal is dismissed, without costs or disbursements (see CPLR 5513[a]); and it is further,

ORDERED that the motion by the appellant is denied as academic.

CHAMBERS, J.P., SGROI, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court