Appellate Division: Second Judicial Department

M277804

E/sl

MARK C. DILLON, J.P.

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2017-07416, 2017-07420 Federal National Mortgage Association, etc., respondent, v Helen Gluck, et al., appellants, et al., defendants. (Index No. 11210/2011)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated March 20, 2017, and March 23, 2017, respectively. Motion by the appellants, in effect, for a declaration whether the appeals have been rendered academic or whether their CPLR 3408 claims of bad faith survive the alleged satisfaction of the subject mortgage. By order to show cause dated January 15, 2021, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals on the ground that the appeals have been rendered academic, and on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of an order and judgment (one paper) of the Supreme Court, Kings County, dated January 12, 2018.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellants' motion and the papers filed in relation thereto, it is

ORDERED that the appellants' motion and the motion by the Court to dismiss the appeals are held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

DILLON, J.P., CONNOLLY, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court