| U.S. Bank National Association v Farris |
| Motion No: 2023-06346 |
| Slip Opinion No: 2023 NY Slip Op 74298(U) |
| Decided on September 29, 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
M291278
AFA/
COLLEEN D. DUFFY, J.P.
LINDA CHRISTOPHER
LILLIAN WAN
CARL J. LANDICINO, JJ.
|
2023-06346 U.S. Bank National Association, etc., plaintiff-respondent, v Franklyn Farris, etc., et al., defendants, Andrew Dowd, Sr., etc., appellant; MTGLQ Investors, L.P., nonparty-respondent. (Index No. 12683/2013)
| DECISION & ORDER ON MOTION |
2023-06351
U.S. Bank National Association, etc.,
plaintiff, v Franklyn Farris, etc., et al.,
defendants, Andrew Dowd, Sr., etc.,
appellant; MTGLQ Investors, L.P.,
nonparty-respondent.
(Index No. 12683/2013)
Appeals from an order and a judgment of the Supreme Court, Suffolk County, both dated April 13, 2023. Motion by the appellant to consolidate the appeals and to stay the foreclosure sale of the subject premises, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the Court's own motion, the appeal from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal from the order dated April 13, 2023, terminated upon entry in the above-entitled action of the judgment (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,
ORDERED that the branch of the motion which is to stay the foreclosure sale of the subject premises is denied.
DUFFY, J.P., CHRISTOPHER, WAN and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court