Appellate Division: Second Judicial Department

M284516

AFA/

ANGELA G. IANNACCI, J.P.

DEBORAH A. DOWLING

BARRY E. WARHIT

JANICE A. TAYLOR, JJ.

2017-10215 U.S. Bank National Association, etc., respondent, v Sara Yaghoubian, et al., appellants, et al., defendants. (Index No. 2138/2009)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Nassau County, entered July 19, 2017. Motion by the appellants, inter alia, to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeal. Cross motion by the respondent to dismiss the appeal on the ground that the dismissal of prior appeals in the above-entitled action for failure to timely perfect precludes consideration of the issues raised on this appeal pursuant to Bray v Cox (38 NY2d 350). By decision and order on motion of this Court dated November 17, 2017, the motion was denied and the cross motion was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof. The appellants have not perfected the appeal, and the appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a).

Upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the cross motion is denied as academic.

IANNACCI, J.P., DOWLING, WARHIT and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court