Appellate Division: Second Judicial Department

M304688

AFA/

FRANCESCA E. CONNOLLY, J.P.

HELEN VOUTSINAS

CARL J. LANDICINO

PHILLIP HOM, JJ.

2024-02820 U.S. Bank National Association, etc., respondent, v Saverio Coluccio, etc., appellant, et al., defendant. (Index No. 600509/2023)

DECISION & ORDER ON MOTION

2024-11943

U.S. Bank National Association, etc.,

respondent, v Saverio Coluccio, etc.,

appellant, et al., defendant.

(Index No. 600509/2023)

Appeals from two orders of the Supreme Court, Nassau County, dated March 20, 2024, and August 14, 2024, respectively. The appeal from the order dated August 14, 2024, was 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 appeal from the order dated August 14, 2024, and to extend the time to perfect both appeals. Cross-motion by the respondent to dismiss the appeals on the ground that the right to direct appeal from the orders terminated upon entry in the above-entitled action of a judgment of the same court dated February 25, 2025.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross-motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the cross-motion is granted, and the appeals are dismissed without costs and disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion is denied as academic.

CONNOLLY, J.P., VOUTSINAS, LANDICINO and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court