Appellate Division: Second Judicial Department

M305328

AFA/

MARK C. DILLON, J.P.

LINDA CHRISTOPHER

LILLIAN WAN

PHILLIP HOM, JJ.

2018-00927 U.S. Bank Trust, N.A., etc., respondent, v Norbert Mehl, et al., appellants, et al., defendant; John Doe, non-party appellant. (Index No. 68529/2016)

DECISION & ORDER ON MOTION

2019-06876, 2019-06889

U.S. Bank Trust, N.A., etc., plaintiff-respondent,

v Norbert Mehl, et al., appellants, et al.,

respondent; JP Morgan Chase Bank, N.A,

non-party respondent.

(Appeal No. 1)

U.S. Bank Trust, N.A., etc., plaintiff-respondent,

v Norbert Mehl, et al., appellants, et al.,

respondent; JP Morgan Chase Bank, N.A,

non-party respondent.

(Appeal No. 2)

(Index No. 68529/2016)

2023-04192, 2023-04196

U.S. Bank Trust, N.A., etc., respondent,

v Norbert Mehl, et al., appellants, et al.,

defendant; John Doe, non-party appellant.

(Index No. 68529/2016)

Appeals from four orders of the Supreme Court, Westchester County, dated November 16, 2017, June 3, 2019, June 5, 2019, and April 19, 2023, and an order and judgment (one paper) of the same court dated April 26, 2023. The appeal by the appellants Norbert Mehl and Batsheva Mehl from the order dated November 16, 2017, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). The appeals by the appellants Norbert Mehl and Batsheva Mehl from the orders dated June 3, 2019, and June 5, 2019, were determined by decision and order of this Court dated June 30, 2021. The appeals by John Doe from the orders dated June 5, 2019, and April 19, 2023, and the order and judgment were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants Norbert Mehl and Batsheva Mehl to stay enforcement of the order and judgment and to stay the sale of the subject property, pending hearing and determination of the appeals, and to consolidate their appeals from the order dated April 26, 2023, and the order and judgment, with the appeal by John Doe from the order dated November 16, 2017. Motion by the respondent U.S. Bank Trust, N.A. for an extension of time to serve and file a brief on the appeals from the order dated April 19, 2023, and the order and judgment.

Upon the papers filed in support of the motion by the appellants Norbert Mehl and Batsheva Mehl and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the respondent U.S. Bank Trust, N.A. and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the appeal by John Doe from the order dated November 16, 2017, is dismissed on the ground that John Doe is not aggrieved (see CPLR 5511); and it is further,

ORDERED that the branch of the motion by the appellants Norbert Mehl and Batsheva Mehl which is to consolidate their appeals from the order dated April 26, 2023, and the order and judgment, with the appeal by the appellant John Doe from the order dated November 16, 2017, is denied as academic; and it is further,

ORDERED that the branches of the motion by the appellants Norbert Mehl and Batsheva Mehl which are to stay enforcement of the order and judgment and to stay the sale of the subject property, pending hearing and determination of the appeals, are denied; and it is further,

ORDERED that the motion by respondent U.S. Bank Trust, N.A. is granted, and on or before August 8, 2025, the respondent U.S. Bank Trust, N.A. shall serve and file its 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.

DILLON, J.P., CHRISTOPHER, WAN and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court