| U.S. Bank National Association v Fagan |
| Motion No: 2018-01831 |
| Slip Opinion No: 2019 NY Slip Op 67573(U) |
| Decided on April 10, 2019 |
| 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
M257546
E/mm
LEONARD B. AUSTIN, J.P.
SHERI S. ROMAN
ROBERT J. MILLER
VALERIE BRATHWAITE NELSON, JJ.
|
2018-01831 U.S. Bank National Association, etc., respondent, v John F. Fagan, et al., appellants, et al., defendants. (Index No. 6289/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, dated September 27, 2017, on the ground that the notice of appeal was filed in violation of an automatic stay in connection with a bankruptcy proceeding by the appellant John F. Fagan. A bankruptcy discharge pursuant to 11 USC 727 was granted to the appellant John F. Fagan on April 24, 2018.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied without prejudice to renew, upon proper papers, on or before May 9, 2019, including an order of the bankruptcy court confirming whether the notice of appeal was filed in violation of the automatic stay provision of 11 USC 362.
AUSTIN, J.P., ROMAN, MILLER and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court