U.S. Bank Trust N.A. v Dallam
2026 NY Slip Op 69068(U)
May 27, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
U.S. Bank Trust N.A., etc., respondent,
v
Brian E. Dallam, et al., defendants; 96 Brick Corp, nonparty-appellant.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
May 27, 2026
2025-08354, 2931/2009
Colleen D. Duffy, J.P.
Linda Christopher
Carl J. Landicino
Laurence L. Love, JJ.
[*1]DECISION & ORDER ON MOTION
2025-10764, 2025-10766
US Bank Trust National Association., etc.,
respondent, v Brian E. Dallam, etc., et al.,
defendants; 96 Brick Corp, nonparty-appellant.
(Index No. 2931/2009)
Appeals from two orders of the Supreme Court, Kings County, dated January 27, 2025, and August 27, 2025, respectively, and a decision of the same court dated August 27, 2025. The appeals from the decision and the order dated August 27, 2025, were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant to stay enforcement of the order dated August 27, 2025, pending hearing and determination of the appeal from the order dated August 27, 2025. Separate motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the decision, and the order dated August 27, 2025, to consolidate the appeals, and to extend the time to perfect the appeals.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to vacate the dismissal of the appeal from the order dated August 27, 2026, and to extend the time to perfect the appeals from the order dated January 27, 2025, and the order dated August 27, 2025, are granted, the dismissal of the appeal from the order dated August 27, 2025, pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before June 26, 2026, the appellant shall and serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeal from the order dated January 27, 2025, with the appeal from the order dated August 27, 2026, is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further,
ORDERED that the motions are otherwise denied.
DUFFY, J.P., CHRISTOPHER, LANDICINO and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court