| U.S. Bank National Association v Bushell |
| Motion No: 2017-10748 |
| Slip Opinion No: 2019 NY Slip Op 75361(U) |
| Decided on July 17, 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
M264514
E/sl
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
JOSEPH J. MALTESE, JJ.
|
2017-10748 U.S. Bank National Association, respondent, v Anthony Bushell, et al., defendants, Shawna Bushell, appellant. (Index No. 3277/11)
| DECISION & ORDER ON MOTION |
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 an appeal from an order of the Supreme Court, Kings County, dated May 10, 2017. Separate motion by the respondent to dismiss the appeal on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of a judgment of the Supreme Court, Kings County, dated May 15, 2019.
Upon the papers filed in support of the appellant's motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is it is
ORDERED that the respondent's motion is granted and the appeal 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.
BALKIN, J.P., ROMAN, COHEN and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court