Argent Mortgage Company, LLC v Usmanov
Motion No: 2022-05483
Slip Opinion No: 2024 NY Slip Op 61768(U)
Decided on February 5, 2024
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

M294003

KS/

ANGELA G. IANNACCI, J.P.

JOSEPH J. MALTESE

HELEN VOUTSINAS

CARL J. LANDICINO, JJ.

2022-05483, 2022-08634

Argent Mortgage Company, LLC, etc.,

plaintiff, v Farkhadjan Usmanov, et al.,

defendants; Deutsche Bank National Trust

Company, nonparty-appellant; Dahlia

Funding LLC, nonparty-respondent.

(Index No. 25416/2006)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated March 31, 2022, and September 19, 2022, respectively. Motion by the respondent, inter alia, to dismiss the appeal from the order dated March 31, 2022, on the ground that it was untimely taken and to dismiss the appeal from the order dated September 19, 2022, on the ground that no appeal lies from an order denying reargument or, in the alternative, to strike stated portions of the record and to extend the time to serve and file a brief. Cross-motion by the appellant for leave to serve and file a supplemental record containing certain material.

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

ORDERED that the branches of the motion which are to dismiss the appeals are granted and the appeals are dismissed, without costs or disbursements; and it is further,

ORDERED that the motion and cross-motion are otherwise denied as academic.

IANNACCI, J.P., MALTESE, VOUTSINAS and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court