U.S. Bank National Association v Valle
Motion No: 2022-01577
Slip Opinion No: 2024 NY Slip Op 72238(U)
Decided on August 7, 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

M298329

AFA/

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

PAUL WOOTEN

JANICE A. TAYLOR, JJ.

2022-01577

U.S. Bank Trust National Association, etc.,

respondent, v Waldo Valle, etc., appellant,

et al., defendant.

(Index No. 610366/2021)

DECISION & ORDER ON MOTION

2023-03475, 2023-03476, 2023-11460

U.S. Bank Trust National Association, etc.,

respondent, v Waldo Valle, etc., appellant,

et al., defendant.

(Index No. 610366/2021)

Appeals from three orders of the Supreme Court, Suffolk County, dated February 1, 2022, March 14, 2022, March 21, 2023, and an order and judgment (one paper) of the same court, dated September 22, 2023, respectively. Motion by the appellant, in effect, to consolidate the appeals.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that the appeals from the orders dated March 14, 2022, March 21, 2023, and the order and judgment are consolidated, the record and briefs filed in connection with the appeals from the orders dated March 14, 2022, and March 21, 2023, are deemed also to be filed in connection with the appeal from the order and judgment, and on or before September 6, 2024, the parties shall serve and file, via NYSCEF, replacement briefs which contain Appellate Division Docket No. 2023-11460 in addition to Appellate Division Docket Nos. 2023-03475 and 2023-03476 on the covers, and the appellants shall serve and file, via NYSCEF, a replacement record which contains the order and judgment and the notice of appeal from the order and judgment and Appellate Division Docket No. 2023-11460 in addition to Appellate Division Docket Nos. 2023-03475 and 2023-03476 on the cover, and the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the appeal from the order dated February 1, 2022, will be calendared together with the appeals from the orders dated March 14, 2022, March 21, 2023, and the order and judgment, and will be argued or submitted on the same date.

CHAMBERS, J.P., MILLER, WOOTEN and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court