| U.S. Bank, National Association v Faracco |
| Motion No: 2022-03917 |
| Slip Opinion No: 2024 NY Slip Op 62122(U) |
| Decided on February 9, 2024 |
| 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
M294145
ID/
ANGELA G. IANNACCI, J.P.
JOSEPH J. MALTESE
HELEN VOUTSINAS
LOURDES M. VENTURA, JJ.
|
2022-03917, 2023-10429 U.S. Bank, National Association, etc., respondent, v John Faracco, appellant, et al., defendants. (Index No. 23325/2012)
| DECISION & ORDER ON MOTION |
Appeals from an order and an order and judgment (one paper) of the Supreme Court, Suffolk County, dated April 20, 2022, and July 20, 2023, respectively. Motion by the appellant to stay enforcement of the order and judgment, pending hearing and determination of the appeals, to consolidate the appeals, in effect, to deem the appendix and briefs filed in connection with the appeal from the order also to be filed in connection with the appeal from the order and judgment, and to file a supplemental appendix containing the order and judgment and the notice of appeal from the order and judgment.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to stay enforcement of the order and judgment is denied; and it is further,
ORDERED that the branches of the motion which are to consolidate the appeals, in effect, to deem the appendix and briefs filed in connection with the appeal from the order also to be filed in connection with the appeal from the order and judgment, and to file a supplemental appendix containing the order and judgment and the notice of appeal from the order and judgment are granted, the appeals are consolidated, the appendix and briefs filed in connection with the appeal from the order are deemed also to be filed in connection with the appeal from the order and judgment, on or before March 11, 2024, the parties shall serve and file, via NYSCEF, replacement digital copies of the appendix and briefs which contain Appellate Division Docket No. 2023-10429 in addition to Appellate Division Docket No. 2022-03917 on the covers, and on or before March 11, 2024, the appellant shall serve and file a supplemental appendix containing the order and judgment and the notice of appeal from the order and judgment via NYSCEF.
IANNACCI, J.P., MALTESE, VOUTSINAS and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court