| Dileonardo v Deutsche Bank National Trust Company |
| Motion No: 2021-04836 |
| Slip Opinion No: 2024 NY Slip Op 67036(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. |
Appellate Division: Second Judicial Department
M296129
AFA/
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
LARA J. GENOVESI
LOURDES M. VENTURA, JJ.
|
2021-04836, 2021-07373 Francesco Dileonardo, appellant, v Deutsche Bank National Trust Company, etc., respondent. (Index No. 602145/2020)
| DECISION & ORDER ON MOTION |
2022-03447
Deutsche Bank National Trust Company,
etc., respondent, v Francesco Dileonardo,
etc., appellant, et al., defendants.
(Index No. 5383/2009)
2022-06359
Francesco Dileonardo, appellant,
v Deutsche Bank National Trust Company,
etc., respondent.
(Index No. 602145/2020)
2023-05757
Deutsche Bank National Trust Company,
etc., appellant, v Francesco Dileonardo,
etc., respondent, et al., defendants.
(Index No. 5383/2009)
Appeals from five orders of the Supreme Court, Nassau County, dated June 23, 2021, September 29, 2021, May 3, 2022, July 29, 2022, and May 3, 2023, respectively. The appeal from the order dated July 29, 2022, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Deutsche Bank National Trust Company to calendar the appeal from the order dated May 3, 2023, together with the appeals from the orders dated June 23, 2021, September 29, 2021, and May 3, 2022. By order to show cause dated February 28, 2024, the parties were directed to show cause before this Court why the appeals from the orders dated June 23, 2021, and September 29, 2021, should or should not be dismissed on the ground that they have been rendered academic by the order dated July 29, 2022, and the motion to calendar the appeals together was held in abeyance in the interim.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion to dismiss the appeals is denied; and it is further,
ORDERED that the motion to calendar the appeal from the order dated May 3, 2023, together with the appeals from the orders dated June 23, 2021, September 29, 2021, and May 3, 2022, is granted and those appeals will be calendared together and will be argued or submitted on the same date.
DILLON, J.P., CHAMBERS, GENOVESI and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court