| US Bank Trust National Association v Congregation Khal Chasidei Skwe |
| Motion No: 2024-02103 |
| Slip Opinion No: 2024 NY Slip Op 80346(U) |
| Decided on December 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. |
Appellate Division: Second Judicial Department
M301480
AFA/
VALERIE BRATHWAITE NELSON, J.P.
LARA J. GENOVESI
HELEN VOUTSINAS
DONNA-MARIE E. GOLIA, JJ.
|
2024-02103, 2024-02104 US Bank Trust National Association, etc., respondent, v Congregation Khal Chasidei Skwera, Inc., appellant, et al., defendants. (Index No. 506639/2015)
| DECISION & ORDER ON MOTION |
Appeals from an order and judgment (one paper) of the Supreme Court, Kings County, dated September 28, 2023, and an order of the same court dated March 13, 2024. Motion by the appellant to stay the sale of the subject premises, pending hearing and determination of the appeals. Motion by the respondent to dismiss to the appeal from the order and judgment on the ground that no appeal lies from an order and judgment entered upon the default of the appealing party, to dismiss the appeal from the order on the ground that no appeal lies from an order denying reargument, or, in the alternative, to extend the time to serve and file a brief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion by the appellant is denied; and it is further,
ORDERED that the branch of the motion by the respondent which is to dismiss the appeal from the order and judgment is granted, and the appeal from the order and judgment is dismissed (see CPLR 5511), without costs or disbursements; and it is further,
ORDERED that the branch of the motion by the respondent which is to dismiss the appeal from the order is denied; and it is further,
ORDERED that the branch of the motion by the respondent which is to extend the time to serve and file a brief on the appeal from the order and judgment is denied as academic; and it is further,
ORDERED that the branch of the motion by the respondent which is to extend the time to serve and file a brief on the appeal from the order is granted, and on or before January 15, 2025, 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.
BRATHWAITE NELSON, J.P., GENOVESI, VOUTSINAS and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court