The Bank of New York Mellon v. Grafilo

• Court: Hawaii Intermediate Court of Appeals
• Decided: February 2, 2024
• Docket: CAAP-22-0000517
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 02-FEB-2024 08:17 AM Dkt. 60 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF THE CWALT, INC., ALTERNATIVE LOAN TRUST 2004-6CB, MORTGAGE PASS THROUGH CERTIFICATES, SERIES 2004-6CB, Plaintiff-Appellee, v. NELIA C. GRAFILO; ANTONIO A. GRAFILO, INDIVIDUALLY; ANTONIO A. GRAFILO AS TRUSTEE OF ANG FAMILY TRUST, Defendants-Appellants, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR COUNTRYWIDE BANK, A DIVISION OF TREASURY BANK, N.A.; AURORA LOAN SERVICES LLC; KEALAKEKUA BAY ESTATES COMMUNITY ASSOCIATION, Defendants-Appellees, and DOES 1 through 20, Inclusive, Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CASE NO. 3CC18100234K)

ORDER APPROVING STIPULATION FOR DISMISSAL OF APPEAL (By: Hiraoka, Presiding Judge, McCullen and Guidry, JJ.)

Upon consideration of Plaintiff-Appellee The Bank of

New York Mellon fka the Bank of New York as Trustee for the

Benefit of the Certificate Holders of the CWALT, Inc.,

Alternative Loan Trust 2004-6CB, Mortgage Pass Through NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Certificates, Series 2004-6CB (Bank of New York Mellon) and

Defendants-Appellants Nelia C. Grafilo, Antonio A. Grafilo, and

Antonio A. Grafilo as Trustee of Ang Family Trust (Grafilos)

January 16, 2024 "Stipulation for Dismissal with Prejudice of

Notice of Appeal Filed August 26, 2022" (Stipulation to

Dismiss), the papers in support, and the record and files

herein, it appears that;

(1) On January 16, 2024, Bank of New York Mellon and

the Grafilos filed the Stipulation to Dismiss

pursuant to Hawai‘i Rules of Appellate Procedure

(HRAP) Rule 42(b);

a. The Stipulation to Dismiss states that

Bank of New York Mellon and the Grafilos

"stipulate and agree" that the Grafilos'

notice of appeal "is hereby dismissed

with prejudice";

b. "Each party shall bear their own

attorneys' fees and costs"; and

c. The Stipulation to Dismiss is dated and

signed by counsel for all parties

appearing in the appeal;

(2) This appeal was docketed on October 21, 2022.

(3) No payment is due.

2 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

The Stipulation to Dismiss complies with HRAP

Rule 42(b) (providing in part that if "parties to a docketed

appeal or other proceeding sign and file a stipulation for

dismissal, specifying the terms as to payment of costs and" pay

the fees that are due, "the case shall be dismissed upon

approval by the appellate court").

Therefore, IT IS ORDERD that the Stipulation to

Dismiss is approved and the appeal is dismissed with prejudice.

The parties shall bear their own attorneys' fees and costs on

appeal.

DATED: Honolulu, Hawaiʻi, February 2, 2024.

/s/ Keith K. Hiraoka Presiding Judge

/s/ Sonja M.P. McCullen Associate Judge

/s/ Kimberly T. Guidry Associate Judge