U.S. Bank Trust, N.A. v Solomon
Motion No: 2023-08260
Slip Opinion No: 2024 NY Slip Op 67061(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

M296123

AFA/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LARA J. GENOVESI

LOURDES M. VENTURA, JJ.

2023-08260

U.S. Bank Trust, N.A., etc., respondent,

v Howard Solomon, defendant, Maria

Solomon, appellant.

(Index No. 623533/2018)

DECISION & ORDER ON MOTION

2023-08508

U.S. Bank Trust, N.A., etc., respondent,

v Howard Solomon, defendant, Maria

Solomon, appellant.

(Index No. 623533/2018)

Appeals from an order of the Supreme Court, Suffolk County, dated June 26, 2023, and a judgment of the same court dated June 26, 2023. Motion by the appellant to stay the sale of the subject property, 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 the sale of the subject property 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 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.

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

ENTER:

Darrell M. Joseph

Clerk of the Court