| U.S. Bank National Association v Smith |
| Motion No: 2021-06480 |
| Slip Opinion No: 2022 NY Slip Op 62329(U) |
| Decided on March 2, 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
M281713
MB/
BETSY BARROS, J.P.
REINALDO E. RIVERA
ROBERT J. MILLER
DEBORAH A. DOWLING, JJ.
|
2021-06480 U.S. Bank National Association, etc., respondent, v Althea Smith, et al., defendants, Stephen Smith, appellant. (Index No. 510443/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated May 13, 2021. Motion by the respondent, in effect, to dismiss the appeal pursuant to Bray v Cox (38 NY2d 350).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
BARROS, J.P., RIVERA, MILLER and DOWLING, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court