Wilmington Savings Fund v Smalls
Motion No: 2021-03768
Slip Opinion No: 2023 NY Slip Op 73190(U)
Decided on September 11, 2023
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M290967

AFA/

HECTOR D. LASALLE, P.J.

BETSY BARROS

HELEN VOUTSINAS

LOURDES M. VENTURA, JJ.

2021-03768

Wilmington Savings Fund, respondent,

v LeRoy Smalls, et al., defendants;

AAA Red Sea Holding Company, Inc.,

intervenor-appellant; 1500 E. 51, LLC, nonparty.

(Index No. 502803/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated September 10, 2020. Motion by nonparty 1500 E. 51, LLC for leave to intervene on the appeal and for a preference in the calendaring of the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is for leave to intervene on the appeal is denied; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeal is denied as academic.

LASALLE, P.J., BARROS, VOUTSINAS and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court