Waterfall Victoria Master Fund, Ltd. v Gurley
Motion No: 2017-00358
Slip Opinion No: 2019 NY Slip Op 65712(U)
Decided on March 19, 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

M261147

E/mm

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2017-00358

Waterfall Victoria Master Fund, Ltd., plaintiff,

v Paul Gurley, et al., defendants; Eliyas Property

NY, LLC, nonparty-appellant.

(Index No. 7756/08)

DECISION & ORDER ON MOTION

Motion by Eliyas Property NY, LLC, to be substituted for the plaintiff Waterfall Victoria Master Fund, Ltd., on an appeal by the plaintiff from an order of the Supreme Court, Kings County, dated September 16, 2016, and to adopt the appendix and the appellant's brief filed on behalf of plaintiff.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that Eliyas Property NY, LLC, is substituted as the appellant and is deemed to have adopted the appendix and the appellant's brief filed on March 24, 2017, the caption is amended accordingly, and the motion is otherwise denied without prejudice to seeking relief in the Supreme Court, Kings County.

LEVENTHAL, J.P., ROMAN, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court