| Wells Fargo Bank, N.A v Salko |
| Motion No: 2022-03663 |
| Slip Opinion No: 2024 NY Slip Op 68717(U) |
| Decided on May 31, 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
M296716
AFA/
FRANCESCA E. CONNOLLY, J.P.
BARRY E. WARHIT
HELEN VOUTSINAS
LAURENCE L. LOVE, JJ.
|
2022-03663, 2022-03978 Wells Fargo Bank, N.A., etc., respondent, v David Salko, etc., et al., appellants, et al., defendant. (Index No. 601793/2019)
| DECISION & ORDER ON MOTION |
2024-02926, 2024-02927
Wells Fargo Bank, N.A., etc., respondent,
v David Salko, etc., et al., appellants, et al.,
defendant.
(Index No. 601793/2019)
Appeals from three orders of the Supreme Court, Suffolk County, dated April 13, 2022 (two orders), and January 24, 2024, respectively, and an order and judgment (one paper) of the same court dated January 24, 2024. Motion by the respondent to dismiss the appeals from the orders dated April 13, 2022, on the ground that the right of direct appeal from those orders terminated upon entry in the above-entitled action of the order and judgment. Motion by the appellants to stay enforcement of the order and judgment, pending hearing and determination of the appeals, to consolidate the appeals, or, in the alternative, to calendar the appeals together.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion to dismiss the appeals from the orders dated April 13, 2022, on the ground that the right of direct appeal from those orders terminated upon entry in the above-entitled action of the order and judgment is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to stay enforcement of the order and judgment is granted and the enforcement of the order and judgment is stayed, pending hearing and determination of the appeals; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further,
ORDERED that the branch of the motion which is to calendar the appeals together is granted, and the appeals will be calendared together and will be argued or submitted on the same date.
CONNOLLY, J.P., WARHIT, VOUTSINAS and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court