Appellate Division: Second Judicial Department

M276754

E/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2016-10816, 2016-10818 U.S. Bank, N.A., respondent, v Michael Williams, appellant, et al., defendants. (Index No. 10606/2012)

DECISION & ORDER ON MOTION

2016-10819

U.S. Bank, N.A., respondent, v Michael

Williams, appellant, et al., defendants.

(Index No. 10606/2012)

2017-07343

U.S. Bank, N.A., respondent, v Michael

Williams, appellant, et al., defendants.

(Index No. 10606/2012)

Appeals from three orders of the Supreme Court, Queens County, two entered March 4, 2016, and one entered August 10, 2016, and a judgment of the same court dated November 2, 2016. Motion by the respondent to dismiss the appeals on the ground that they have been rendered academic. By decision and order on motion of this Court dated October 5, 2017, the motion by the respondent to dismiss the appeal from the order entered March 4, 2016, under Appellate Division Docket No. 2016-10818 and the separate motion by the respondent to dismiss the appeal from the order entered August 10, 2016, on the ground that the right of direct appeal from those two orders terminated upon entry of the judgment was held in abeyance.

Upon the papers filed in support of the motion to dismiss the appeals on the ground that they have been rendered academic and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motions to dismiss the appeals from the orders on the ground that the right of direct appeal from the orders terminated upon entry of the judgment and the papers filed in opposition thereto, it is

ORDERED that the motions to dismiss the appeal from the order entered March 4, 2016, under Appellate Division Docket No. 2016-10818 and the appeal from the order entered August 10, 2016, on the ground that the right of direct appeal from those orders terminated upon entry of the judgment are granted and the appeals from those orders are dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that on the Court's own motion, the appeal from the order entered March 4, 2016 under Appellate Division Docket No. 2016-10819 is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion to dismiss the appeals on the ground that they have been rendered academic is granted to the extent that the appeal from the judgment is dismissed, without costs or disbursements, and the motion is otherwise denied as academic.

CHAMBERS, J.P., AUSTIN, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court