| U.S. Bank National Association, as trustee, on behalf of the holders |
| Motion No: 2017-10215 |
| Slip Opinion No: 2017 NY Slip Op 92778(U) |
| Decided on November 17, 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. |
Appellate Division: Second Judicial Department
M241495
E/ct
L. PRISCILLA HALL, J.P.
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE
ANGELA G. IANNACCI, JJ.
|
2017-10215 U.S. Bank National Association, as trustee, on behalf of the holders of the J.P. Morgan Mortgage Trust 2006-S2 Mortgage Pass-Through Certificates, respondent, v Sara Yaghoubian, et al., appellants, et al., defendants.
(Index No. 2138/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of an appeal from a judgment of the Supreme Court, Nassau County, entered July 19, 2017. Cross motion by the respondent to dismiss the appeal from the judgment on the ground that the dismissal of prior appeals in the above-entitled action for failure to timely perfect precludes consideration of the issues raised on this appeal pursuant to Bray v Cox (38 NY2d 350).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is held in abeyance and referred to the panel of Justices hearing the appeal from the judgment for determination upon the argument or submission thereof.
HALL, J.P., HINDS-RADIX, MALTESE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court