Appellate Division: Second Judicial Department

M200721

E/sl

JOHN M. LEVENTHAL, J.P.

L. PRISCILLA HALL

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2015-05727, 2015-05729 Downey Savings and Loan Associations, plaintiff, v Darjo Trujillo, respondent, et al., defendants; U.S. Bank National Association, nonparty-appellant. (Index No. 22268/08)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceedings in an action entitled Chestnut Property Management Corp. v U. S. Bank National Association, pending in the Supreme Court, Kings County, under Index No. 15955/14, pending hearing and determination of appeals from two orders of the Supreme Court, Kings County, dated May 9, 2011, and August 12, 2011, respectively, and to consolidate the appeals. Cross motion by Chestnut Property Management Corp. for leave to intervene on the appeals and thereupon to dismiss the appeals as untimely taken.

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 to stay all proceedings in the action entitled Chestnut Property Management Corp. v U. S. Bank National Association is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,

ORDERED that the branch of the cross motion which is for leave for Chestnut Property Management Corp. to intervene is granted (see CPLR 1021[a][3]); and it is further,

 ORDERED that the branch of the cross motion which is to dismiss the appeals as untimely taken is denied (see CPLR 5513).

LEVENTHAL, J.P., HALL, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court