| Hamilton v Financial Freedom Acquisition, LLC |
| Motion No: 2023-11449 |
| Slip Opinion No: 2024 NY Slip Op 69212(U) |
| Decided on June 10, 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
M296966
AFA/
ANGELA G. IANNACCI, J.P.
PAUL WOOTEN
LILLIAN WAN
CARL J. LANDICINO, JJ.
|
2023-11449 Richard M. Hamilton, etc., appellant, v Financial Freedom Acquisition, LLC, respondent, et al., defendant. (Index No. 44880/2008)
| DECISION & ORDER ON MOTION |
2023-11465
CIT Bank, N.A., respondent,
v Richard Hamilton, etc., appellant,
et al., defendants.
(Index No. 608770/2017)
Appeals from an order of the Supreme Court, Suffolk County, dated October 4, 2023, and an order and judgment (one paper) of the same court dated October 13, 2023. Motion by the appellant to stay all proceedings in the above-entitled actions, including enforcement of the order and judgment, pending hearing and determination of the appeals, and to consolidate the appeals. Cross-motion by the respondent to dismiss the appeal from the order and judgment on the ground that no appeal lies from an order and judgment entered upon the default of the appealing party.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross-motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion by the appellant is denied; and it is further,
ORDERED that the cross-motion by the respondent 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 on the Court's own motion, the time to perfect the appeals is extended, and on or before August 9, 2024, the appellant shall serve and file the records or appendices and the appellant's briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the records or appendices and the appellant's briefs and upload digital copies of the records or appendices and the appellant's briefs, with proof of service thereof, through the digital portal on this Court's website.
IANNACCI, J.P., WOOTEN, WAN and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court