| Wilmington Savings Fund Society, FSB v Calhoun |
| Motion No: 2019-10310 |
| Slip Opinion No: 2025 NY Slip Op 65991(U) |
| Decided on April 2, 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. |
Appellate Division: Second Judicial Department
M304002
AFA/
MARK C. DILLON, J.P.
VALERIE BRATHWAITE NELSON
BARRY E. WARHIT
LAURENCE L. LOVE, JJ.
|
2019-10310, 2020-06366 Wilmington Savings Fund Society, FSB, etc., respondent, v Deborah A. Calhoun, appellant, et al., defendants. (Index No. 711644/2018)
| DECISION & ORDER ON MOTION |
2023-11000, 2024-13296
Wilmington Savings Fund Society, FSB, etc.,
respondent, v Deborah A. Calhoun, appellant,
et al., defendants.
(Index No. 711644/2018)
Appeals from three orders of the Supreme Court, Queens County, dated August 9, 2019 (two orders), and August 1, 2023, respectively, and an order and judgment (one paper) of the same court, dated October 30, 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.
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 stay the sale of the subject property 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 which is to consolidate the appeals is granted to the extent that the appeals from the order dated August 1, 2023, and from the order and judgment are consolidated, the record and briefs filed in connection with the appeal from the order dated August 1, 2023, are deemed also to be filed in connection with the appeal from the order and judgment, and on or before May 2, 2025, the parties shall serve and file, via NYSCEF, replacement briefs which contain Appellate Division Docket No. 2024-13296, in addition to Appellate Division Docket No. 2023-11000 on the covers, the appellant shall serve and file, via NYSCEF, a replacement record which contains the order and judgment, the notice of appeal from the order and judgment, and Appellate Division Docket No. 2024-13296, in addition to Appellate Division Docket No. 2023-11000, on the cover, and the appeals from the order dated August 1, 2023, and from the order and judgment will be calendared together with the appeals from the orders dated August 9, 2019, and will be argued or submitted on the same date, and that branch of the motion is otherwise denied.
DILLON, J.P., BRATHWAITE NELSON, WARHIT and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court