Appellate Division: Second Judicial Department

M249151

E/rr

REINALDO E. RIVERA, J.P.

MARK C. DILLON

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2018-01817, 2018-01818 US Bank Trust N.A., etc., appellant, v Christie Baggee, etc., respondent, et al., defendants. (Index No. 28582/07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from a decision of the Supreme Court, Suffolk County, dated November 9, 2017, and a judgment of the same court entered November 27, 2017, respectively, as untimely taken.

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 decision is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the decision is denied as academic; and it is further,

ORDERED that the matter is remitted to the Supreme Court, Suffolk County, to hear and report on the issue of whether the judgment dated November 27, 2017, was served upon the appellant's counsel by counsel for the respondent with notice of entry, and, if so, when service was effected; the Supreme Court, Suffolk County, shall hold the hearing and file its report with all convenient speed; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the

judgment is held in abeyance in the interim.

RIVERA, J.P., DILLON, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court