Appellate Division: Second Judicial Department

M282592

AFA/

FRANCESCA E. CONNOLLY, J.P.

SHERI S. ROMAN

LINDA CHRISTOPHER

WILLIAM G. FORD, JJ.

2021-07133, 2022-02855 Roger Rowe, appellant, v U.S Bank National Association, etc., et al., respondents, et al., defendants. (Index No. 610690/2020)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Suffolk County, dated May 4, 2021, and September 24, 2021, respectively. Motion by the respondent JP Morgan Chase Bank, N.A., separate motion by the respondents U.S. Bank National Association, etc., Select Portfolio Servicing, Inc., Geraldine A. Cheverko, and Eckert Seamans Cherin & Mellott, LLC, and separate motion by the respondents Sarah K. Hyman and Gross Polowy, LLC, to dismiss the appeals on the ground that the appeal from the order dated May 4, 2021, was untimely taken, and on the ground that no appeal lies from the order dated September 24, 2021, as no appeal lies from an order denying leave to reargue. Cross motion by the appellant, inter alia, for an award of damages against the respondents.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motions which are to dismiss the appeal from the order dated May 4, 2021, are granted, and that appeal is dismissed, without costs or disbursements (see CPLR 5513); and it is further,

ORDERED that the branches of the motions which are to dismiss the appeal from the order dated September 24, 2021, are held in abeyance and referred to the panel of Justices hearing that appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the cross motion is denied.

CONNOLLY, J.P., ROMAN, CHRISTOPHER and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court