| DLJ Mortgage Capital, Inc. v Haynes |
| Motion No: 2024-03346 |
| Slip Opinion No: 2025 NY Slip Op 60252(U) |
| Decided on January 8, 2025 |
| 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
M301889
AFA/
HECTOR D. LASALLE, P.J.
LARA J. GENOVESI
JANICE A. TAYLOR
PHILLIP HOM, JJ.
|
2024-03346 DLJ Mortgage Capital, Inc., plaintiff, v Camille Haynes, et al., defendants, Norma Morgan, defendant-appellant, John Clark, defendant-respondent; MW Lending LLC, et al., nonparty-respondents. (Index No. 515340/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated October 30, 2023. Motion by nonparty-respondents MW Lending LLC, Barry Leistner, Feldman Wood Products Co. Inc., Fensterstock Associates LLC, Frederic Z. Konigsberg 401k Profit Sharing Trust, Laurence Mascera, Lawrence M. Wilens, Leonard Rudolph, Maria Heidenreich, Maichael S. Cascio, and Michael Sussman, to dismiss the appeal on the ground that the record is inadequate or, in the alternative, in effect, to direct the appellant to serve and file a supplemental record containing certain material. Cross-motion by the appellant, inter alia, for leave to serve and file a supplemental record containing certain material. Motion by the appellant, inter alia, to stay all proceedings in an action entitled Leistner v RJ Solutions, LLC, pending in the Supreme Court, Kings County, under Index No. 515084/2022, and in an action entitled RJ Solutions Enterprises LLC v Doe, pending in the Civil Court, Kings County, under Index No. LT-304651-2020/KI, pending hearing and determination of the appeal.
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 cross-motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion by nonparty-respondents MW Lending LLC, Barry Leistner, Feldman Wood Products Co. Inc., Fensterstock Associates LLC, Frederic Z. Konigsberg 401k Profit Sharing Trust, Laurence Mascera, Lawrence M. Wilens, Leonard Rudolph, Maria Heidenreich, Maichael S. Cascio, and Michael Sussman which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion by nonparty-respondents MW Lending LLC, Barry Leistner, Feldman Wood Products Co. Inc., Fensterstock Associates LLC, Frederic Z. Konigsberg 401k Profit Sharing Trust, Laurence Mascera, Lawrence M. Wilens, Leonard Rudolph, Maria Heidenreich, Maichael S. Cascio, and Michael Sussman which is to direct the appellant to serve and file a supplemental record containing certain material and the branch of the cross-motion which is for leave to serve and file a supplemental record containing certain material, are granted, and on or before February 7, 2025, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document Nos. 28 through 56, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the cross-motion is otherwise denied; and it is further,
ORDERED that the motion by the appellant is denied.
LASALLE, P.J., GENOVESI, TAYLOR and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court