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BAYVIEW LOAN SERVICING, LLC v. CITY OF MIDDLETOWN

2018-14034, 2021-01912. Index No. 2097/16.

195 A.D.3d 893 (2021)

145 N.Y.S.3d 857

2021 NY Slip Op 04006

Bayview Loan Servicing, LLC, Respondent, v. City of Middletown, Appellant, et al., Defendants.

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

Decided June 23, 2021.

Attorney(s) appearing for the Case

Alex Smith , Corporation Counsel, Middletown, NY, for appellant.

Akerman LLP, New York, NY ( Ashley S. Miller of counsel), for respondent.

Dillon, J.P., Austin, Barros and Iannacci, JJ., concur.

Motion by the respondent to dismiss the appeal from the order on the ground that the right of direct appeal therefrom terminated upon the entry of the order and judgment. By decision and order on motion dated March 17, 2021, the motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

Upon the papers filed in support of the motion and...

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