| TD Bank, N.A. v Beekman Estates Realty, LLC |
| Motion No: 2016-07229 |
| Slip Opinion No: 2016 NY Slip Op 83252(U) |
| Decided on August 23, 2016 |
| 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
M216837
E/sl
RUTH C. BALKIN, J.P.
LEONARD B. AUSTIN
SHERI S. ROMAN
HECTOR D. LASALLE, JJ.
|
2016-07229, 2016-07231 TD Bank, N.A., etc., respondent, v Beekman Estates Realty, LLC, et al., appellants, et al., defendants. (Index No. 3983/10)
| DECISION & ORDER ON MOTION |
Motion by the appellants to stay enforcement of a judgment of the Supreme Court, Dutchess County, dated May 20, 2016, and an order of the same court also dated May 20, 2016, pending hearing and determination of appeals therefrom, to stay the foreclosure sale of the subject premises, and to consolidate the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment in the above-entitled action (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,
ORDERED that the motion is otherwise denied.
BALKIN, J.P., AUSTIN, ROMAN and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court