Appellate Division: Second Judicial Department

M293162

AFA/

CHERYL E. CHAMBERS, J.P.

WILLIAM G. FORD

BARRY E. WARHIT

LILLIAN WAN, JJ.

2019-04790, 2019-12289, 2020-02757 HSBC Mortgage Corporation USA, respondent, v Saeid Tehrani, appellant, et al., defendants. (Appeal Nos. 1 and 2) U.S. Bank Trust National Association, etc., plaintiff, v Saeid Tehrani, appellant, Shahla Tehrani, etc., et al., defendants, HSBC Mortgage Corporation USA, respondent; Ariel Bronxville LLC, nonparty-respondent. (Appeal No. 3) (Index No. 15816/2010)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Nassau County, dated January 24, 2019, and August 16, 2019, and an order and judgment (one paper) of the same court dated January 22, 2020, respectively, which were deemed withdrawn by decision and order on application of this Court dated August 31, 2022. Motion by the appellant, in effect, to recall and vacate so much of the decision and order on application of this Court dated August 31, 2022, as deemed the appeals withdrawn and to reinstate the appeals. Separate motion by the appellant, inter alia, for a preference in the calendaring of the appeals.

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

ORDERED that the motion, in effect, to recall and vacate so much of the decision and order on application of this Court dated August 31, 2022, as deemed the appeals withdrawn and to reinstate the appeals is granted, and the appeals are reinstated; and it is further,

ORDERED that the branch of the motion which is for a preference in the calendaring of the appeals is granted, the appeals will be calendared expeditiously, and that motion is otherwise denied.

CHAMBERS, J.P., FORD, WARHIT and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court