| Ocwen Loan Servicing, LLC v Richards |
| Motion No: 2019-09095 |
| Slip Opinion No: 2020 NY Slip Op 60467(U) |
| Decided on January 10, 2020 |
| 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. |
Appellate Division: Second Judicial Department
M268761
kbp/
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
LINDA CHRISTOPHER
PAUL WOOTEN, JJ.
|
2019-09095 Ocwen Loan Servicing, LLC, appellant, v Glenwall Hugh Richards, respondent, et al., defendants. (Index No. 68810/17)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Westchester County, dated June 14, 2019, on the ground that the right of direct appeal from the order terminated upon entry of a judgment of the same court dated July 24, 2019. Separate motion by the appellant pursuant to CPLR 5520(c) to deem the notice of appeal from the order to be a premature notice of appeal from the judgment.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the respondent's motion is denied; and it is further,
ORDERED that the appellant's motion is granted, and the notice of appeal from the order is deemed to be a premature notice of appeal from the judgment (see CPLR 5520[c]).
SCHEINKMAN, P.J., MASTRO, CHRISTOPHER and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court