Nationstar Mortgage LLC v David Cohn also known as Cohn David

Motion No: M-3436

Slip Opinion No: 2018 NYSlipOp 84564(U)

Decided on September 27, 2018

Appellate Division, First 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.

September 27, 2018

Nationstar Mortgage LLC,

Plaintiff-Appellant-Respondent,

v

David Cohn, also known as Cohn David, Defendant-Respondent-Appellant,

United States of America - Internal

Revenue Service, New York State

Department of Taxation and Finance,

Defendants.

Federal National Mortgage Association, Plaintiff, Index No. 113089/09 v

Alberto Morales, et al., Defendants,

David Cohn, also known as Cohn David, Defendant-Appellant.

----------------------------------------X An appeal and cross appeal having been taken from an order of the Supreme Court, New York County, entered on or about December 1, 2017, and from an order of the same Court and Justice purportedly entered on December 1, 2017, in the later action (Index No. 159921/14), And defendant-respondent-appellant having moved to dismiss the appeal taken by plaintiff-appellant-respondent as the purported order is not appealable as of right (M-2525), And plaintiff-appellant-respondent having cross moved to consolidate its two appeals with the appeal by defendant-respondent-appellant (M-3436), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of dismissing the appeal noticed under Index No 159921/14 as having been taken from an order not entered under said Index Number and is otherwise denied, without prejudice to defendant raising, in his appellate brief, the issue of whether the order appealed and cross-appealed under Index No. 113089/09 is appealable by plaintiff as of right (M-2525). The cross motion is granted to the extent of directing the parties to proceed upon a joint record or joint appendix and to share equally the cost of such record or appendix, (M-3436). ENTERED: September 27, 2018

_____________________ CLERK

PRESENT: Hon. Judith J. Gische, Justice Presiding, Troy K. Webber Jeffrey K. Oing Anil C. Singh Peter H. Moulton, Justices

M-3436

M-2525

Index No. 159921/14