B.A.C. Home Loans Servicing v Rizzo
Motion No: 2018-01584
Slip Opinion No: 2019 NY Slip Op 65610(U)
Decided on March 18, 2019
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

M261068

E/htr

ALAN D. SCHEINKMAN, P.J.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2018-01584

B.A.C. Home Loans Servicing, plaintiff,

v Joseph Rizzo, appellant, et al., defendants;

Ditech Financial, LLC, nonparty-respondent.

(Index No. 131053/09)

DECISION & ORDER ON MOTION

Motion by the nonparty-respondent to dismiss an appeal from an order of the Supreme Court, Richmond County, dated November 15, 2017, on the ground that the appellant is not aggrieved and not a permissible appellant.

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

ORDERED that the motion is denied.

SCHEINKMAN, P.J., CHAMBERS, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court