| Bank of New York v Penalver |
| Motion No: 2012-10714 |
| Slip Opinion No: 2014 NY Slip Op 82234(U) |
| Decided on August 29, 2014 |
| 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
M179315
E/sl
REINALDO E. RIVERA, J.P.
L. PRISCILLA HALL
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2012-10714, 2014-00684 Bank of New York, etc., respondent, v Jean M. Penalver, et al., defendants, Joshua Nesbitt, appellant.
(Index No. 100022/08)
| DECISION & ORDER ON MOTION |
Motion by the appellant to consolidate appeals from an order and judgment (one paper) of the Supreme Court, Richmond County, entered September 20, 2012, and an order of the same court dated October 17, 2013, and, in effect, to remove the appeal from the order and judgment (one paper) from the calendar.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, in effect, to remove the appeal from the order and judgment (one paper) from the calendar is granted and that appeal is removed from the calendar on September 8, 2014; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same day.
RIVERA, J.P., HALL, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court