U.S. Bank National Association v Stachiw
Motion No: 2020-04008
Slip Opinion No: 2021 NY Slip Op 60374(U)
Decided on January 13, 2021
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

M275015

E/sl

CHERYL E. CHAMBERS, J.P.

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2020-04008, 2020-04010

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

v Elizabeth Stachiw, et al., appellants,

et al., defendants.

(Index No. 700021/2014)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Queens County, entered February 18, 2020, and September 19, 2019, respectively. Motion by the respondent to dismiss the appeals on the ground that dismissal of two prior appeals for failure to timely perfect precludes review of the issues raised on the appeals from the orders pursuant to Bray v Cox (38 NY2d 350).

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

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

CHAMBERS, J.P., BRATHWAITE NELSON, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court