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DOWNEY SAVINGS & LOAN ASSN., F.A. v. TRUJILLO

2015-05727, 2015-05729, Index No. 22268/08.

142 A.D.3d 1040 (2016)

37 N.Y.S.3d 609

DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A., Plaintiff, v. DARIO TRUJILLO et al., Defendants. U.S. BANK NATIONAL ASSOCIATION, as Successor in Interest to the FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for Downey Savings and Loan Association, F.A., Nonparty Appellant; CHESTNUT PROPERTY MANAGEMENT CORP., Nonparty Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 21, 2016.

Ordered that on the Court's own motion, the notice of appeal from so much of the order dated August 12, 2011, as, sua sponte, directed the dismissal of the complaint with prejudice and the cancellation of a certain notice of pendency is deemed to be an application for leave to appeal from that portion of the order, and leave to appeal from that portion of the order is granted (see CPLR 5701 [c]); and it is further,

Ordered that the order dated May 9, 2011,...

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