Saxon Mortgage Services Inc. v Abigail Ajala

Motion No: M-6692

Slip Opinion No: 2019 NYSlipOp 67622(U)

Decided on April 11, 2019

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.

April 11, 2019

Saxon Mortgage Services, Inc.,

Plaintiff-Respondent,

v

Abigail Ajala,

Defendant-Appellant,

New York City Environmental Control

Board, et al.,

Defendants.

An appeal having been taken to this Court from the order of the Supreme Court, Bronx County, entered on or about April 24, 2017, and said appeal having been perfected, And plaintiff-respondent having moved for an order (1) dismissing the appeal taken from the aforesaid order of the Supreme Court, Bronx County, entered on or about April 24, 2017 on the ground that the order is not appealable; (2) dismissing the appeal to extent defendant-appellant is attempting to appeal from orders of the same court entered on or about October 13, 2010 and April 24, 2017, or, alternatively (3) striking the appendix to the extent it includes an inaccurate reproduction of submissions made to the court in connection with motions made by defendant-appellant in March 2016 and April 2016 and striking all references thereto from appellant's brief, or directing defendant-appellant to serve and file a corrected appellant's brief and appendix, and adjourning the appeal, 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 granted to the extent of dismissing the appeal in its entirety, and the appeal is stricken from this Court's calendar. ENTERED: April 11, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr.,Justice Presiding, Dianne T. Renwick Judith J. Gische Marcy L. Kahn Cynthia S. Kern,Justices

M-6692

Index No. 381157/07