Appellate Division: Second Judicial Department

M300721

KS/

BETSY BARROS, J.P.

LARA J. GENOVESI

JANICE A. TAYLOR

DONNA-MARIE E. GOLIA, JJ.

2023-02026 Bank of America, N.A., etc., respondent, v Tausif A. Latif, appellant, et al., defendants. (Index No. 130028/2009)

DECISION & ORDER ON MOTION

2024-02509

Bank of America, N.A., etc., respondent,

v Tausif A. Latif, appellant, et al., defendants.

(Index No. 130028/2009)

Appeals from an order of the Supreme Court, Richmond County, dated February 3, 2023, and an amended judgment of the same court dated January 25, 2024. Motion by the appellant to stay the sale of the subject property, pending hearing and determination of the appeals, and to consolidate the appeals. Motion by the respondent to dismiss the appeal from the order on the ground that it has been rendered academic.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion by the appellant which is to stay the sale of the subject property, pending hearing and determination of the appeals, is granted and the sale of the subject property is stayed, pending hearing and determination of the appeals; and it is further,

ORDERED that the branch of the motion by the appellant which is to consolidate the appeals is denied; 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; and it is further,

ORDERED that the motion by the respondent is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.

BARROS, J.P., GENOVESI, TAYLOR and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court