| Indymac Bank, FSB v Szabo |
| Motion No: 2019-11888 |
| Slip Opinion No: 2020 NY Slip Op 73165(U) |
| Decided on October 16, 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. |
Appellate Division: Second Judicial Department
M273535
E/sl
WILLIAM F. MASTRO, J.P.
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
PAUL WOOTEN, JJ.
|
2019-11888, 2019-11890 Indymac Bank, FSB, respondent, v Christopher Szabo, et al., defendants; Gustavia Homes, LLC, nonparty-appellant. (Index No. 1752/2008)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Supreme Court, Suffolk County, both dated July 11, 2019. Motion by the respondent to dismiss the appeals on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of an order and judgment (one paper) of the Supreme Court, Suffolk County, dated February 24, 2020. Application by the respondent pursuant to 22 NYCRR 1250.9(g)(1) to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted and the appeals are dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the application is denied as academic.
MASTRO, J.P., AUSTIN, HINDS-RADIX and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court