U.S. Bank, N.A. v Williams
Motion No: 2016-10816
Slip Opinion No: 2017 NY Slip Op 88109(U)
Decided on October 5, 2017
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M238860

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2016-10816, 2016-10818, 2017-07343

U.S. Bank, N.A., respondent, v Michael

Williams, appellant, et al., defendants.

(Index No. 10606/12)

DECISION & ORDER ON MOTION

Separate motions by the respondent on appeals from two orders of the Supreme Court, Queens County, entered March 4, 2016, and August 10, 2016, respectively, and a judgment of the same court dated November 2, 2016, to dismiss the appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry of the judgment. Cross motion by the appellant to impose a sanction upon the respondent and its counsel, and, in effect, for summary reversal. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief in connection with the appeals from the orders.

Upon the papers filed in support of the motions and the cross motion, and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeals from the orders will be calendared together with the appeal from the judgment and the appeals will be argued or submitted on the same date; and it is further,

ORDERED that the motions are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the cross motion is denied; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief in connection with the appeals from the orders is enlarged until November 6, 2017, and the respondent's brief shall be served and filed on or before that date.

RIVERA, J.P., ROMAN, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court