| CYNTHIA L. CHAN V ONYX CAPITAL, LLC |
| Motion No: CA 17-00828 |
| Slip Opinion No: 2018 NY Slip Op 83510(U) |
| Decided on September 6, 2018 |
| Appellate Division, Fourth 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. |
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, NEMOYER, AND TROUTMAN, JJ.
DOCKET NO. CA 17-00828
| CYNTHIA L. CHAN, PLAINTIFF-RESPONDENT, V ONYX CAPITAL, LLC,
DEFENDANT. SRP-2012-4, AS SUCCESSOR IN INTEREST TO DEFENDANT ONYX CAPITAL, LLC, APPELLANT. |
Catherine Amdur having moved to intervene in the appeal taken herein from an order of Supreme Court entered in the Office of the Clerk of the County of Erie on November 1, 2016, and for other relief,
Now, upon reading and filing the statement of Vanessa R. Elliott, Esq., dated August 2, 2018, the notice of motion with proof of service thereof, and the affirmation of Daniel H. Richland, Esq., dated August 9, 2018, and due deliberation having been had thereon,
It is hereby ORDERED the motion insofar as it seeks leave to intervene in this appeal that was decided by order of this Court entered December 22, 2017, is denied on the ground that there is no pending proceeding in which to intervene (see Town of Crown Point v Cummings, 300 AD2d 873, 874 [3d Dept 2002]), and
It is further ORDERED that the motion insofar as it seeks other relief is denied.
Entered: September 6, 2018
Mark W. Bennett, Clerk