| Deutsche Bank National Trust Company v Criscuolo |
| Motion No: 2020-07084 |
| Slip Opinion No: 2021 NY Slip Op 75043(U) |
| Decided on November 24, 2021 |
| 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
M280205
E/sl
ROBERT J. MILLER, J.P.
COLLEEN D. DUFFY
ANGELA G. IANNACCI
LINDA CHRISTOPHER, JJ.
|
2020-07084 Deutsche Bank National Trust Company, etc., respondent, v Donna Criscuolo, defendant-appellant; PennyMac Loan Services, LLC, et al., nonparty-appe (Index No. 8242/2010)
| DECISION & ORDER ON MOTION llants. |
Appeals from an order of the Supreme Court, Kings County, dated August 4, 2020. Motion by the respondent to dismiss the appeal taken by the nonparty-appellants on the ground that they are not aggrieved by the order. Separate motion by the nonparty-appellants to strike stated portions of the respondent's brief on the ground that they refer to matter dehors the record and to extend the time to serve and file a reply brief. Application by the respondent pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the respondent's motion is granted and the appeal by the nonparty-appellants is dismissed, without costs or disbursements; and it is further,
ORDERED that the appeal by the defendant-appellant is deemed dismissed (see 22 NYCRR 1250.10[a]); and it is further,
ORDERED that the motion by the nonparty-appellants and the application are denied as academic.
MILLER, J.P., DUFFY, IANNACCI and CHRISTOPHER, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court