| U.S. Bank National Association v Armand |
| Motion No: 2019-03743 |
| Slip Opinion No: 2022 NY Slip Op 60751(U) |
| Decided on January 21, 2022 |
| 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. |
Appellate Division: Second Judicial Department
M281053
E/sl
BETSY BARROS, J.P.
ANGELA G. IANNACCI
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.
|
2019-03743, 2019-10390, 2019-10686 U.S. Bank National Association, etc., respondent, v Nelcida Armand, appellant. (Index No. 69087/2015)
| DECISION & ORDER ON MOTION |
2020-09744
U.S. Bank National Association, etc., respondent,
v Nelcida Armand, appellant.
(Index No. 69087/2015)
Appeals from three orders of the Supreme Court, Westchester County, dated January 25, 2019, two dated August 8, 2019, and an order and judgment (one paper) of the same court dated October 21, 2020. Motion by the appellant, in effect, to hold the appeal from the order and judgment in abeyance pending hearing and determination of the appeals from the orders. Separate motion by the respondent to dismiss the appeals from the orders on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of the order and judgment. Separate motion by the appellant, in effect, to hold the respondent's motion in abeyance pending hearing and determination of the appeal from the order and judgment, and to consolidate the appeals from the orders with the appeal from the order and judgment.
Upon the papers filed in support of the appellant's motions and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the appellant's motion, in effect, to hold the appeal from the order and judgment in abeyance pending hearing and determination of the appeals from the orders is denied; and it is further,
ORDERED that the branch of the appellant's motion which is, in effect, to hold the respondent's motion in abeyance is granted; and it is further,
ORDERED that the respondent's 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 the branch of the appellant's motion which is to consolidate the appeals from the orders with the appeal from the order and judgment is denied; and it is further,
ORDERED that on the Court's own motion, the appeal from the order and judgment will be heard on submission.
BARROS, J.P., IANNACCI, CHAMBERS and MILLER, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court