Bank of America, N.A. v Gruchy
Motion No: 2017-11697
Slip Opinion No: 2018 NY Slip Op 88689(U)
Decided on November 16, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M257501

E/sl

LEONARD B. AUSTIN, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2017-11697

Bank of America, N.A., etc., respondent,

v Craig De Gruchy, appellant, et al., defendants.

(Index No. 2554/16)

DECISION & ORDER ON MOTION

2018-05899

Bank of America, N.A., etc., respondent,

v Craig De Gruchy, appellant, et al., defendants.

(Index No. 2554/16)

2018-11639

Bank of America, N.A., etc., respondent,

v Craig De Gruchy, appellant, et al., defendants.

(Index No. 2554/16)

Motion by the appellant to stay all proceedings in the above-entitled action and the foreclosure sale of the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, entered September 5, 2017, and March 5, 2018, respectively, and a judgment of the same court entered July 11, 2018, and to consolidate the appeals.

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 appeals from the orders are dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment in the above-entitled action (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion is denied.

AUSTIN, J.P., ROMAN, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court