| MTGLQ Investors, L.P. v 119 Lathrop Avenue, LLC |
| Motion No: 2021-07412 |
| Slip Opinion No: 2022 NY Slip Op 61956(U) |
| Decided on February 18, 2022 |
| 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
M281525
E/sl
MARK C. DILLON, J.P.
BETSY BARROS
JOSEPH J. MALTESE
JOSEPH A. ZAYAS, JJ.
|
2021-07412, 2022-00977 MTGLQ Investors, L.P., respondent, v 119 Lathrop Avenue, LLC, appellant, et al., defendants. (Index No. 135777/2017)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated July 17, 2017. By order to show cause dated October 21, 2021, the parties to the appeal were directed to show cause why the appeal should or should not be dismissed on the ground that no order of the Supreme Court, Suffolk County, dated July 17, 2017, was issued in the above-entitled action. Motion by the appellant to deem the notice of appeal to reflect that the appeal is from an order of the Supreme Court, Richmond County, dated October 22, 2020, and a judgment of the same court dated September 17, 2021.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, it is
ORDERED that the appellant's motion is granted, and the notice of appeal is deemed to reflect that the appeal is from an order of the Supreme Court, Richmond County, dated October 22, 2020, and a judgment of the same court dated September 17, 2021; and it is further,
ORDERED that the motion to dismiss the appeal is denied.
DILLON, J.P., BARROS, MALTESE and ZAYAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court