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BANK OF AMERICA, N.A., res, v. KESO SAGG, LLC, ET AL., APPELLANTS def

BANK OF AMERICA, N.A., res, v. KESO SAGG, LLC, ET AL., APPELLANTS def — (INDEX NO. 9600/10) In an action to foreclose a mortgage, the defendants Keso Sagg, LLC, and Keso Sagg 2, LLC, appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Molia, J.), dated March 28, 2011, as granted that branch of the plaintiff's motion which was pursuant to CPLR 3211(a)(1) and (7) to dismiss the counterclaims and affirmative defenses insofar as asserted against it by Keso Sagg, LLC, and Keso Sagg 2, LLC, and granted that branch of the plaintiff's motion which was to sever the foreclosure action from any other cross claims pursuant to CPLR 603, and KMS Holdings, LLC, appeals from so much of the same order as granted that branch of the plaintiff's motion which was pursuant to CPLR 3211(a) (3) to dismiss its counterclaims and affirmative defenses on the ground that it lacks standing to intervene.

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BANK OF AMERICA, N.A., res, v. KESO SAGG, LLC, ET AL., APPELLANTS def — (INDEX NO. 9600/10) In an action to foreclose a mortgage, the defendants Keso Sagg, LLC, and Keso Sagg 2, LLC, appeal, as limited by their brief, from so much of an order of the Supreme Court, Suffolk County (Molia, J.), dated March 28, 2011, as granted that branch of the plaintiff’s motion which was pursuant to CPLR 3211(a)(1) and (7) to dismiss the counterclaims and affirmative defenses insofar as asserted against it by Keso Sagg, LLC, and Keso Sagg 2, LLC, and granted that branch of the plaintiff’s motion which was to sever the foreclosure action from any other cross claims pursuant to CPLR 603, and KMS Holdings, LLC, appeals from so much of the same order as granted that branch of the plaintiff’s motion which was pursuant to CPLR 3211(a) (3) to dismiss its counterclaims and affirmative defenses on the ground that it lacks standing to intervene.

ORDERED that the appeal by KMS Holdings, LLC, is deemed withdrawn, without costs or disbursements, pursuant to a letter dated September 28, 2012; and it is further,

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