Appellate Division: Second Judicial Department

M264379

E/sl

REINALDO E. RIVERA, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2019-03336 US Bank, National Association, etc., respondent, v Michaella Soffer, et al., appellants. (Index No. 514909/15)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated January 2, 2019. By order to show cause dated May 3, 2019, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that Chaya Kramer and Dave Kramer, nonparties to this action who are named as the appellants in the notice of appeal, are not aggrieved. Motion by the defendants Joseph Soffer and Michaella Soffer to deem the notice of appeal to reflect that they are the intended appellants.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion by the defendants Joseph Soffer and Michaella Soffer and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the motion by the defendants Joseph Soffer and Michaella Soffer is granted and the notice of appeal is deemed to reflect that Joseph Soffer and Michaella Soffer are the intended appellants (see Matter of Tagliaferri, 1 NY3d 605; CPLR 2001).

RIVERA, J.P., HINDS-RADIX, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court