| Onewest Bank, FSB v Weaver |
| Motion No: 2016-02538 |
| Slip Opinion No: 2018 NY Slip Op 81497(U) |
| Decided on August 24, 2018 |
| 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
M254477
E/mm
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
BETSY BARROS, JJ.
|
2016-02538 Onewest Bank, FSB, respondent, v Everette Weaver, appellant, et al., defendants. (Index No. 83/14)
| DECISION & ORDER ON MOTION |
2016-05524
Onewest Bank, FSB, respondent,
v Everette Weaver, appellant,
et al., defendants.
(Index No. 83/14)
2016-06564
Onewest Bank, FSB, respondent,
v Everette Weaver, appellant,
et al., defendants.
(Index No. 83/14)
2017-02131
CIT Bank, N.A., respondent,
v Everette Weaver, appellant,
et al., defendants.
(Index No. 83/14)
Motion by the appellant on appeals from three orders of the Supreme Court, Dutchess County, dated December 7, 2015, April 8, 2016, and April 27, 2016, respectively, and a judgment of the same court dated January 12, 2017, for leave to reargue certain motions which were determined by decisions and orders on motion of this Court dated April 3, 2018, or, in the alternative, for leave to appeal to the Court of Appeals from the decisions and orders on motion of this Court dated April 3, 2018. Cross motion by the respondent, inter alia, to dismiss the appeals for failure to comply with the decisions and orders on motion of this Court dated April 3, 2018.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the branch of the cross motion which is to dismiss the appeals is granted and the appeals are dismissed, without costs or disbursements; and it is further,
ORDERED that the cross motion is otherwise denied as academic; and it is further,
ORDERED the respondent's prior motions to dismiss the appeals from the orders on the ground that the right of direct appeal terminated upon entry of the judgment, which were held in abeyance by decisions and orders on motion of this Court dated June 26, 2017, are denied as academic.
DILLON, J.P., AUSTIN, SGROI and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court