US Bank v Taveras
Motion No: 2019-07006
Slip Opinion No: 2021 NY Slip Op 65301(U)
Decided on April 28, 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

M276854

E/sl

MARK C. DILLON, J.P.

ROBERT J. MILLER

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2019-07006

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

v Nioman Taveras, appellant, et al., defendant.

(Index No. 524549/2017)

DECISION & ORDER ON MOTION

2020-08723

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

v Nioman Taveras, appellant, et al., defendant.

(Index No. 524549/2017)

Appeals from two orders of the Supreme Court, Kings County, dated April 1, 2019, and October 22, 2020, respectively. Motion by the appellant to consolidate the appeals. Cross motion by the respondent to dismiss the appeal from the order dated October 22, 2020, on the ground that it has been rendered academic.

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

ORDERED that the motion is denied; 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; and it is further,

ORDERED that the cross motion is 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 time to perfect the appeal from the order dated October 22, 2020, is extended, and on or before May 28, 2021, the appellant shall serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, and the appellant shall file an original and five hard copies of the record or appendix and the appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court.

DILLON, J.P., MILLER, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court