| U.S. Bank NA v Smith |
| Motion No: 2019-10081 |
| Slip Opinion No: 2020 NY Slip Op 73391(U) |
| Decided on October 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. |
Appellate Division: Second Judicial Department
M273617
E/sl
CHERYL E. CHAMBERS, J.P.
JOSEPH J. MALTESE
HECTOR D. LASALLE
ANGELA G. IANNACCI, JJ.
|
2019-10081 U.S. Bank NA, etc., respondent, v Pamela W. Smith, appellant, et al., defendants. (Index No. 52140/2017)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated March 13, 2019. Motion by the respondent to dismiss the appeal as duplicative of a related appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the appeal is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of the order and judgment (one paper) of the Supreme Court, Westchester County, dated March 13, 2019 (see Matter of Aho, 39 NY2d 241).
CHAMBERS, J.P., MALTESE, LASALLE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court