Desrosiers v U.S. Bank National Association
Motion No: 2024-01471
Slip Opinion No: 2024 NY Slip Op 74389(U)
Decided on September 16, 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

M299205

AFA/

ANGELA G. IANNACCI, J.P.

CHERYL E. CHAMBERS

BARRY E. WARHIT

DONNA-MARIE E. GOLIA, JJ.

2024-01471

Samuel Desrosiers, respondent,

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

et al., appellants, et al., defendants.

(Index No. 615476/2022)

DECISION & ORDER ON MOTION

2024-04280

Samuel Desrosiers, respondent,

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

et al., appellants, et al., defendants.

(Index No. 615476/2022)

Appeals from an order of the Supreme Court, Suffolk County, dated February 8, 2024, and an order and judgment (one paper) of the same court dated May 14, 2024. Motion by the appellants, inter alia, in effect, to stay enforcement of the order and judgment, pending hearing and determination of the appeals. Separate motion by the appellants to consolidate the appeals and to extend the time to perfect the appeal from the order.

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

ORDERED that the motion, inter alia, in effect, to stay enforcement of the order and judgment is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order is granted, and on or before December 2, 2024, the appellants shall serve and file the record or appendix and the appellants' brief on the appeal from the order via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief on the appeal from the order and upload digital copies of the record or appendix and the appellants' brief on the appeal from the order, with proof of service thereof, through the digital portal on this Court's website.

IANNACCI, J.P., CHAMBERS, WARHIT and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court