| National City Home Loan Services, Inc. v Axee |
| Motion No: 2006-12023 +1 |
| Slip Opinion No: 2007 NYSlipOp 65350(U) |
| Decided on March 16, 2007 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M52147
E/sl
HOWARD MILLER, J.P.
FRED T. SANTUCCI
ANITA R. FLORIO
JOSEPH COVELLO, JJ.
|
2006-12023 National City Home Loan Services, Inc., etc., plaintiff-respondent, v M. Axee, et al., defendant- respondent, William A. Bryan, appellant. (Appeal No. 1) (Index No. 18007/02) 2006-12032 William A, Bryan, appellant, v Herbil Holding Co., et al., defendants-respondents. (Appeal No. 2) (Index No. 11942/03)
| DECISION & ORDER ON MOTION |
Motion by the appellant to consolidate appeals from two judgments of the Supreme Court, Nassau County, both entered October 30, 2007. Cross motion by the respondents to dismiss the appeals on the ground that the issues raised on the appeals are precluded by the doctrine of Bray v Cox (38 NY2d 350).
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted and the appeals are dismissed, without costs or disbursements; and it is further,
ORDERED that the motion is denied as academic.
MILLER, J.P., SANTUCCI, FLORIO and COVELLO, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court