Wilmington Trust Company v Fischer
Motion No: 2020-06950
Slip Opinion No: 2024 NY Slip Op 73279(U)
Decided on August 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

M298762

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

HELEN VOUTSINAS, JJ.

2020-06950

Wilmington Trust Company, etc., appellant,

v James H. Fischer, respondent, et al., defendants.

(Index No. 609904/2018)

DECISION & ORDER ON MOTION

2022-05345, 2022-05346

Wilmington Trust Company, etc., respondent,

v James H. Fischer, appellant, et al., defendants.

(Index No. 609904/2018)

2023-04878

Wilmington Trust Company, etc., respondent,

v James H. Fischer, appellant, et al., defendants.

(Index No. 609904/2018)

2024-02644, 2024-02647

Wilmington Trust Company, etc., respondent,

v James H. Fischer, appellant, et al., defendants.

(Index No. 609904/2018)

Appeals from five orders of the Supreme Court, Suffolk County, dated August 3, 2020, May 12, 2022, (two orders), May 2, 2023, March 5, 2024, respectively, and a judgment of the same court dated March 5, 2024. By order to show cause dated March 29, 2024, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals from the orders dated August 3, 2020, May 12, 2022, and May 2, 2023, on the ground that the right of direct appeal from those orders terminated upon entry in the above-entitled action of the judgment dated March 5, 2024 (see Matter of Aho, 39 NY2d 241).

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

ORDERED that the motion 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 appeals will be calendared together and will be argued or submitted on the same date.

DUFFY, J.P., CHRISTOPHER, WARHIT and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court