U.S. Bank National Association v Berte
Motion No: 2022-06140
Slip Opinion No: 2024 NY Slip Op 70123(U)
Decided on June 26, 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

M297308

AFA/

ANGELA G. IANNACCI, J.P.

PAUL WOOTEN

LARA J. GENOVESI

LOURDES M. VENTURA, JJ.

2022-06140

U.S. Bank National Association, etc.,

respondent, v Kramo Berte, appellant,

et al., defendants.

(Index No. 22249/2012)

DECISION & ORDER ON MOTION

Appeal from a decision of the Supreme Court, Kings County, dated June 27, 2022. By order to show cause dated May 3, 2024, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509).

Upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal from the decision is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

IANNACCI, J.P., WOOTEN, GENOVESI and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court