Wilmington Savings Fund Society, FSB v Kagan
Motion No: 2019-07545
Slip Opinion No: 2021 NY Slip Op 60766(U)
Decided on January 22, 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

M275133

E/sl

MARK C. DILLON, J.P.

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY

PAUL WOOTEN, JJ.

2019-07545

Wilmington Savings Fund Society, FSB, etc.,

respondent, v Michelle H. Kagan, appellant,

et al., defendants.

(Index No. 1086/2012)

DECISION & ORDER ON MOTION

2019-12184

Wilmington Savings Fund Society, FSB, etc.,

respondent, v Michelle H. Kagan, appellant,

et al., defendants.

(Index No. 1086/2012)

2020-08396, 2020-08397

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

v Michelle H. Kagan, appellant, et al., defendants.

(Index No. 1086/2012)

Appeals from three orders of the Supreme Court, Dutchess County, dated May 23, 2019, August 16, 2019, and August 31, 2020, respectively, and an order and judgment (one paper) of the same court also dated August 31, 2020. Motion by the respondent to dismiss the appeal from the order dated May 23, 2019, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the order and judgment. Separate motion by the respondent to dismiss the appeal from the order dated August 16, 2019, on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the order and judgment.

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

ORDERED that the motions are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that on the Court's own motion, the appeals will be calendared together and will be argued or submitted on the same date.

DILLON, J.P., LASALLE, CONNOLLY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court