| US Bank Trust, NA v Loring |
| Motion No: 2019-02462 |
| Slip Opinion No: 2019 NY Slip Op 74879(U) |
| Decided on July 12, 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
M264443
E/mm
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
JOSEPH J. MALTESE, JJ.
|
2019-02462, 2019-02464 US Bank Trust, NA, etc., respondent, v Elizabeth C. Loring, appellant, et al., defendants. (Index No. 8459/16)
| DECISION & ORDER ON MOTION |
2019-07212
US Bank Trust, NA, etc., respondent,
v Elizabeth C. Loring, appellant, et al.,
defendants.
(Index No. 8459/16)
Motion by the appellant, inter alia, to stay the sale of the subject premises, pending hearing and determination of appeals from two orders of the Supreme Court, Nassau County, both entered October 17, 2018, and an order and judgment of the same court entered May 3, 2019, and to consolidate the appeals from the orders with the appeal from the judgment.
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 (see Matter of Aho, 39 NY2d 241); the issues raised on the appeals from the orders may be brought up for review and raised on the appeal from the judgment; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,
ORDERED that the motion is otherwise denied.
BALKIN, J.P., ROMAN, COHEN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court