Deutsche Bank National Trust Company v Mohan

2026 NY Slip Op 65708(U)

April 6, 2026

Appellate Division, Second Department

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.

Deutsche Bank National Trust Company, etc., respondent,

Deolall Mohan, et al., appellants, et al., defendant.

Supreme Court of the State of New York, Appellate Division : Second Judicial Department

April 6, 2026

2022-04682, 24542/2010, 2022-05109

Francesca E. Connolly, J.P.

Linda Christopher

Barry E. Warhit

Donna-Marie E. Golia, JJ.

[*1]

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Kings County, dated May 23, 2022, and order and judgment (one paper) of the same court dated May 23, 2022. The appeal from the order and judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). By order to show cause dated February 9, 2026, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order on the ground that the right of direct appeal from the order terminated upon entry in the above-entitled action of the order and judgment (see Matter of Aho, 39 NY2d 241). Application by the appellant, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order and judgment and to consolidate the appeals.

Now, upon the order to show cause and the papers filed in response thereto, and upon the application and no papers having been filed in opposition or relation thereto, it is

ORDERED that the 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 application is granted,the dismissal of the appeal from the order and judgment pursuant to 22 NYCRR 1250.10(a) is vacated, the appeals are consolidated, the record and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the order and judgment, and on or before May 6, 2026, the parties shall serve and file, via NYSCEF, replacement briefs that contain Appellate Division Docket No. 2022-05109 in addition to Appellate Division Docket No. 2022-04682 on the covers, and the appellant shall serve and file, via NYSCEF, a replacement record containing the order and judgment and the notice of appeal from the order and judgment and Appellate Division Docket No. 2022-05109 in addition to Appellate Division Docket No. 2022-04682 on the cover.

CONNOLLY, J.P., CHRISTOPHER, WARHIT and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court