U.S. Bank National Association v Fernandez
Motion No: 2017-00646
Slip Opinion No: 2020 NY Slip Op 70372(U)
Decided on August 21, 2020
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

M272551

E/jr

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

HECTOR D. LASALLE

BETSY BARROS, JJ.

2017-00646, 2017-00647

U.S. Bank National Association, etc., respondent,

v Rosa Fernandez, appellant, et al., defendants.

(Index No. 701209/2014)

DECISION & ORDER ON MOTION

2018-13273

U.S. Bank National Association, etc., respondent,

v Rosa Fernandez, appellant, et al., defendants.

(Index No. 701209/2014)

Appeals from two orders of the Supreme Court, Queens County, entered December 13, 2016, and December 16, 2016, respectively, and a judgment entered October 12, 2018. Motion by the respondent, in effect, to dismiss the appeals on the ground that the appeals have been rendered academic.

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 branch of the motion which is to dismiss the appeal from the judgment entered October 12, 2018, is denied as unnecessary as that appeal was deemed dismissed (see 22 NYCRR 1250.10[a]); and it is further,

ORDERED that the branch of the motion which is to dismiss the appeals from the orders is granted and those appeals are dismissed, without costs or disbursements.

BALKIN, J.P., CHAMBERS, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Cout