CitiMortgage, Inc.v Lyon
Motion No: 2024-02501
Slip Opinion No: 2024 NY Slip Op 67032(U)
Decided on May 1, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M296125

AFA/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LARA J. GENOVESI

LOURDES M. VENTURA, JJ.

2024-02501

CitiMortgage, Inc., etc., respondent,

v Debbie Lyon, appellant, et al., defendants.

(Index No. 705975/2017)

DECISION & ORDER ON MOTION

2024-02534

CitiMortgage, Inc., etc., respondent,

v Debbie Lyon, appellant, et al., defendants.

(Index No. 705975/2017)

Appeals from an order of the Supreme Court, Queens County, dated December 22, 2023, and a judgment of the same court entered March 11, 2024. Motion by the appellant, inter alia, to stay enforcement of the judgment, pending hearing and determination of the appeals, and to consolidate the appeals.

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 to stay enforcement of the judgment is denied; and it is further,

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 December 22, 2023, terminated upon entry in the above-entitled action of the judgment of the Supreme Court, Queens County, entered March 11, 2024 (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 motion is otherwise denied.

DILLON, J.P., CHAMBERS, GENOVESI and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court