| Bank of New York Mellon v Silverberg |
| Motion No: 2023-10664 |
| Slip Opinion No: 2024 NY Slip Op 78581(U) |
| Decided on November 20, 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
M300821
KS/
COLLEEN D. DUFFY, J.P.
ROBERT J. MILLER
DEBORAH A. DOWLING
PHILLIP HOM, JJ.
|
2023-10664, 2023-10666, 2023-10667 Bank of New York Mellon, etc., respondent, v Stephen Silverberg, etc., et al., appellants, et al., defendant. (Index No. 62904/2014)
| DECISION & ORDER ON MOTION |
2024-01101
Bank of New York Mellon, etc., respondent,
v Stephen Silverberg, etc., et al., appellants,
et al., defendant.
(Index No. 62904/2014)
2024-03408
Bank of New York Mellon, etc., respondent,
v Stephen Silverberg, etc., et al., appellants,
et al., defendant.
(Index No. 62904/2014)
2024-03409
Bank of New York Mellon, etc., respondent,
v Stephen Silverberg, etc., et al., appellants,
et al., defendant.
(Index No. 62904/2014)
2024-08307, 2024-08308
Bank of New York Mellon, etc., respondent,
v Stephen Silverberg, etc., et al., appellants,
et al., defendant.
(Index No. 62904/2014)
Appeals from seven orders of the Supreme Court, Suffolk County, dated November 18, 2022, July 17, 2023 (two orders), December 19, 2023, February 1, 2024, April 9, 2024, and June 21, 2024, and a judgment of the same court dated June 21, 2024. Motion by the respondent to dismiss the appeals from the orders dated November 18, 2022, and July 17, 2023, on the ground that the right of direct appeal from those orders terminated upon entry in the above-entitled action of the judgment. Separate motion by the respondent to dismiss the appeal from the order dated December 19, 2023, on the ground that the right of direct appeal from that order terminated upon entry in the above-entitled action of the judgment. Separate motion by the respondent to dismiss the appeal from the order dated February 1, 2024, on the ground that the right of direct appeal from that order terminated upon entry in the above-entitled action of the judgment. Separate motion by the respondent to dismiss the appeal from the order dated April 9, 2024, on the ground that the right of direct appeal from that order terminated upon entry in the above-entitled action of the judgment. Cross-motion by the appellants to consolidate the appeals. Motion by the appellants to extend the time to perfect the appeals from the orders dated November 18, 2022, and July 17, 2023. Application by the appellants to extend the time to perfect the appeal from the order dated December 19, 2023. Separate application by the appellants to extend the time to perfect the appeal from the order dated February 1, 2024. Separate application by the appellants to extend the time to perfect the appeal from the order dated April 9, 2024.
Upon the papers filed in support of the motions and cross-motion and the papers filed in opposition thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motions by the respondent are granted, and the appeals from the orders dated November 18, 2022, July 17, 2023 (two orders), December 19, 2023, February 1, 2024, and April 9, 2024, are dismissed (see Matter of Aho, 39 NY2d 241), without costs or disbursements; and it is further,
ORDERED that the cross-motion is denied; and it is further,
ORDERED that the motion by the appellant and applications are denied as academic.
DUFFY, J.P., MILLER, DOWLING and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court