| U.S. Bank National Association v Elhag |
| Motion No: 2023-08841 |
| Slip Opinion No: 2024 NY Slip Op 75959(U) |
| Decided on October 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. |
Appellate Division: Second Judicial Department
M299802
AFA/
HECTOR D. LASALLE, P.J.
CHERYL E. CHAMBERS
JANICE A. TAYLOR
DONNA M. GOLIA, JJ.
|
2023-08841 U.S. Bank National Association, etc., respondent, v Abdelaziz Elhag, etc., appellant, et al., defendants. (Index No. 500993/2020)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated May 22, 2023. Motion by the respondent to dismiss the appeal on the ground that the right of direct appeal from the order dated May 22, 2023, terminated upon entry in the above-entitled action of an order and judgment (one paper) of the Supreme Court, Kings County, dated March 4, 2024, or in the alternative, to extend the time to serve and file a brief.
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 branch of the motion which is to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED the motion is otherwise denied as academic.
LASALLE, P.J., CHAMBERS, TAYLOR and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court