U.S. BANK TRUST, N.A. AS TRUSTEE FOR LSF8 MASTER PARTICIPATION TRUST FOR BENEFICIAL HOMEOWNER SERVICE CORPORATION V
Motion No: CA 19-01564
Slip Opinion No: 2020 NY Slip Op 60615(U)
Decided on January 6, 2020
Appellate Division, Fourth 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.


January 6, 2020

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

CA 19-01564

U.S. BANK TRUST, N.A. AS TRUSTEE FOR LSF8 MASTER PARTICIPATION TRUST FOR BENEFICIAL HOMEOWNER SERVICE CORPORATION, PLAINTIFF-RESPONDENT,

V

LAURIE GRENGA, PAUL GRENGA ALSO KNOWN AS PAUL A. GRENGA,

DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.


Appellants having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court, Niagara County, entered December 3, 2018, and to correct the date on the notice of appeal pursuant to CPLR 5520 (c),

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion to vacate dismissal is granted on the condition that the appeal is perfected on or before March 6, 2020, and

It is further ORDERED that the motion is granted insofar as it seeks to correct the date on the notice of appeal which is hereby deemed to be January 25, 2019.

Entered: January 6, 2020

Mark W. Bennett

Clerk of the Court