Opinion
DOCKET NO. CA 16-02000
11-15-2016
HILARY LESNIAK, AS ADMINISTRATRIX OF THE ESTATE OF KATHYRN PODESWIK, PLAINTIFF-RESPONDENT-APPELLANT, v. WELLS FARGO BANK NA SUCCESSOR BY MERGER TO WELLS FARGO BANK MINNESOTA, NA AS TRUSTEE FORMERLY KNOWN AS NORWEST BANK MINNESOTA, NA AS TRUSTEE FOR THE DELTA FUNDING HOME EQUITY LOAN ASSET-BACKED OCWEN LOAN SERVICING LLC, AMERICAN SECURITY INSURANCE CO., IGNAZIO P. MAGRO, AND CYNTHIA E. MAGRO, DEFENDANTS-RESPONDENTS, AND PETER T. ROACH & ASSOCIATES, P.C., DEFENDANT-APPELLANT-RESPONDENT.
PRESENT:
CERTIFICATE SERIES 1999-2, DELTA FUNDING CORPORATION,
Peter T. Roach & Associates, P.C. having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Herkimer on October 29, 2015,
Now, upon reading and filing the affirmation of Michael C. Manniello, Esq., dated October 21, 2016, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed without prejudice to a motion to vacate dismissal of the appeal (see 22 NYCRR 1000.13 [g]).
Entered: November 15, 2016
Frances E. Cafarell, Clerk