| Bank of New York Mellon Trust Company v Gambino |
| Motion No: 2020-08876 |
| Slip Opinion No: 2022 NY Slip Op 68811(U) |
| Decided on July 20, 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
M284026
MB/
COLLEEN D. DUFFY, J.P.
BETSY BARROS
SHERI S. ROMAN
DEBORAH A. DOWLING, JJ.
|
2020-08876 Bank of New York Mellon Trust Company, N.A., etc., respondent, v Daniel Gambino, etc., et al., defendants; Armand Retamozzo, nonparty-appellant. (Index No. 610194/2015)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated October 8, 2020. Motion by the non-party appellant to strike the respondent's brief, inter alia, on the ground that Bank of New York Mellon Trust Company, N.A., is not a respondent on the appeal and the brief refers to matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
DUFFY, J.P., BARROS, ROMAN and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court