| Deutsche Bank National Trust Company v Zimmerman |
| Motion No: 2023-11925 |
| Slip Opinion No: 2024 NY Slip Op 78159(U) |
| Decided on November 13, 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
M300672
KS/
MARK C. DILLON, J.P.
PAUL WOOTEN
BARRY W. WARHIT
LILLIAN WAN, JJ.
|
2023-11925 Deutsche Bank National Trust Company, etc., appellant, v Ira Zimmerman, etc., et al., defendants; Hope Crowley, etc., nonparty-respondent (Index No. 50132/2018)
| DECISION & ORDER ON MOTION . |
2024-09491
Deutsche Bank National Trust Company,
etc., appellant, v Ira Zimmerman, etc., et al.,
defendants; Hope Crowley, etc., nonparty-respondent.
(Index No. 50132/2018)
Appeals from two orders of the Supreme Court, Dutchess County, dated November 6, 2023, and August 15, 2024, respectively. Motion by the respondent to dismiss the appeal from the order dated November 6, 2023, on the ground that no appeal lies from an order which directs a hearing to aid in the disposition of a motion or, in the alternative, to consolidate the appeals or direct that the appeals be calendared and heard together, and to extend the time to serve and file a brief on the appeal from the order dated November 6, 2023.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal from the order dated November 6, 2023, on the ground that no appeal lies from an order which directs a hearing to aid in the disposition of a 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 the branch of the motion which is to consolidate the appeals is denied; and it is further,
ORDERED that the branch of the motion which is to direct that the appeals be calendared and heard together is granted, and the appeals will be calendared together and will be argued or submitted on the same date; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief on the appeal from the order dated November 6, 2023, is granted, and on or before a December 13, 2024, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
DILLON, J.P., WOOTEN, WARHIT and WAN, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court