Appellate Division: Second Judicial Department

M280102

E/sl

MARK C. DILLON, J.P.

BETSY BARROS

PAUL WOOTEN

JOSEPH A. ZAYAS, 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 that order terminated upon entry in the above-entitled action of the order and judgment, which was referred to the panel of Justices hearing that appeal by decision and order on motion dated January 22, 2021. 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 that order terminated upon entry in the above-entitled action of the order and judgment, which was referred to the panel of Justices hearing that appeal by decision and order on motion dated January 22, 2021. Separate motion by the respondent to dismiss the appeals from the order dated August 31, 2020, and the order and judgment, on the ground that they have been rendered academic, and for an award of costs.

Upon the papers filed in support of the motions to dismiss the appeals from the orders dated May 23, 2019, and August 16, 2019, on the ground that the right of direct appeal from those orders terminated upon entry in the above-entitled action of the order and judgment, and the papers filed in opposition thereto, and upon the papers filed in support of the motion, inter alia, to dismiss the appeals from the order dated August 31, 2020, and the order and judgment, on the ground that they have been rendered academic, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions to dismiss the appeals from the orders dated May 23, 2019, and August 16, 2019, on the ground that the right of direct appeal from the orders terminated upon entry in the above-entitled action of the order and judgment are granted and those appeals are dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeals from the order dated August 31, 2020, and the order and judgment, on the ground that they have been rendered academic is granted and those appeals are dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the motion which is for an award of costs is denied.

DILLON, J.P., BARROS, WOOTEN and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court