Appellate Division: Second Judicial Department

M268269

kbp/

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2017-10750 Wells Fargo Bank, N.A., etc., appellant, v Boruch Weiss, et al., respondents. (Index No. 42/10)

DECISION & ORDER ON MOTION

2019-05162

Wells Fargo Bank, N.A., etc., appellant,

v Baruch Weiss, respondent, et al., defendants.

(Index No. 42/10)

Renewed motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from an order of the Supreme Court, Kings County, dated July 6, 2017, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and to consolidate that appeal with an appeal from an order of the same court dated September 5, 2018. Separate motion by the respondent Baruch Weiss to dismiss the appeal from the order dated September 5, 2018, on the ground that no appeal lies from an order denying reargument, and to impose sanctions upon the appellant for making a frivolous motion.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the appellant's motion which is to vacate the dismissal of the appeal from the order of the Supreme Court, Kings County, dated July 6, 2017, is denied; and it is further,

ORDERED that the appellant's motion is otherwise denied as academic; and it is further,

ORDERED that the branch of the respondent Baruch Weiss's motion which is to impose sanctions is denied; and it is further,

ORDERED that the branch of the respondent Baruch Weiss's motion which is to dismiss the appeal from the order dated September 5, 2018, is held in abeyance and referred to the panel of Justices hearing the appeal from the order dated September 5, 2018, for determination upon the argument or submission thereof.

RIVERA, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court