| US Bank National Association v Finamore |
| Motion No: 2020-06945 |
| Slip Opinion No: 2023 NY Slip Op 63403(U) |
| Decided on March 15, 2023 |
| 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
M287857
AFA/
FRANCESCA E. CONNOLLY, J.P.
PAUL WOOTEN
WILLIAM G. FORD
JANICE A. TAYLOR, JJ.
|
2020-06945 US Bank National Association, etc., respondent, v John A. Finamore, etc., et al., appellants, et al., defendants. (Index No. 605556/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated August 19, 2020. Motion by the appellants, in effect, to withdraw the appeal, for an award of costs, and for an injunction prohibiting the plaintiff or its successors interest from attempting to satisfy any and all conditions precedent to the commencement of a new foreclosure action, until the payment of such costs.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, in effect, to withdraw the appeal is granted and the appeal is deemed withdrawn; and it is further,
ORDERED that the motion is otherwise denied.
CONNOLLY, J.P., WOOTEN, FORD and TAYLOR, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court