U.S. Bank, National Association v Bass
Motion No: 2023-00733
Slip Opinion No: 2025 NY Slip Op 62849(U)
Decided on February 14, 2025
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M302862

AFA/

FRANCESCA E. CONNOLLY, J.P.

VALERIE BRATHWAITE NELSON

CARL J. LANDICINO

DONNA-MARIE E. GOLIA, JJ.

2023-00733

U.S. Bank, National Association, etc.,

respondent, v Robert Bass, et al., defendants;

Galia Frank, nonparty-appellant.

(Index No. 2335/2009)

DECISION & ORDER ON MOTION

2023-01605

U.S. Bank, National Association, etc.,

respondent, v Robert Bass, et al., defendants;

Galia Frank, nonparty-appellant.

(Index No. 2335/2009)

Appeals from an order and an order and judgment (one paper) of the Supreme Court, Nassau County, both dated December 16, 2022, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals, to extend the time to perfect the appeals, to consolidate the appeals, and to stay enforcement of the order and judgment, pending hearing and determination of the appeals.

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

ORDERED that the branches of the motion which are to vacate the dismissal of the appeals and to extend the time to perfect the appeals are granted, the dismissal of the appeals pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before March 17, 2025, the appellant shall and serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further,

ORDERED that the branch of the motion which is to stay enforcement of the order and judgment is denied.

CONNOLLY, J.P., BRATHWAITE NELSON, LANDICINO and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court