Opinion
DOCKET NO. CA 16-02000
01-09-2017
HILARY LESNIAK, AS ADMINISTRATRIX OF THE ESTATE OF KATHRYN PODESWICK, DECEASED, 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,
Plaintiff having moved to vacate the dismissal of the cross 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 Laurie A. Lesniak, Esq., dated December 23, 2016, the stipulation of Laurie A. Lesniak, Esq., and Michael C. Mannielleo, Esq., dated November 23, 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 granted, on the condition that plaintiff perfects the cross appeal on or before February 27, 2017.
Entered: January 9, 2017
Frances E. Cafarell, Clerk