| Deutsche Bank National Trust Company v Upright |
| Motion No: 2016-09499 |
| Slip Opinion No: 2018 NY Slip Op 87401(U) |
| Decided on October 31, 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
M257112
E/sl
JOHN M. LEVENTHAL, J.P.
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY
VALERIE BRATHWAITE NELSON, JJ.
|
2016-09499 Deutsche Bank National Trust Company, etc., respondent, v Gerald Martyn Upright, Jr., appellant, et al., defendant. (Index No. 5551/10)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia to stay the sale of the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Westchester County, dated August 26, 2016, and for a preference in the calendaring of the appeal. Cross motion by the respondent to dismiss the appeal on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court dated August 1, 2018, in the above-entitled action.
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 cross motion is granted and the appeal from the order is dismissed, without costs or disbursements(see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the motion is denied as academic.
LEVENTHAL, J.P., HINDS-RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court