| U.S. Bank National Association v Cullen |
| Motion No: 2022-07775 |
| Slip Opinion No: 2025 NY Slip Op 73120(U) |
| Decided on July 23, 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
M306759
AFA/
ANGELA G. IANNACCI, J.P.
CHERYL E. CHAMBERS
LINDA CHRISTOPHER
CARL J. LANDICINO, JJ.
|
2022-07775, 2022-09735, 2022-09736 U.S. Bank National Association, etc., appellant, v William H. Cullen, etc., et al., respondents, et al., defendants. (Index No. 52821/2017)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated December 15, 2023, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeals from two orders of the Supreme Court, Westchester County, dated August 1, 2022, and October 3, 2022, respectively, and a judgment of the same court dated October 3, 2022. Motion by the respondents to dismiss the appeals on the ground that the action has been deemed discontinued pursuant to RPAPL 1301(3).
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof.
IANNACCI, J.P., CHAMBERS, CHRISTOPHER and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court