Opinion
Motion Nos. 2023-11925 2024-09491 Index No. 50132/2018
11-13-2024
Deutsche Bank National Trust Company, etc., appellant, v. Ira Zimmerman, etc., et al., defendants; Hope Crowley, etc., nonparty-respondent Deutsche Bank National Trust Company, etc., appellant, v. Ira Zimmerman, etc., et al., defendants; Hope Crowley, etc., nonparty-respondent.
Unpublished Opinion
MOTION DECISION
MARK C. DILLON, J.P., PAUL WOOTEN, BARRY W. WARHIT, LILLIAN WAN, JJ.
DECISION & ORDER ON MOTION
Appeals from two orders of the Supreme Court, Dutchess County, dated November 6, 2023, and August 15, 2024, respectively. Motion by the respondent to dismiss the appeal from the order dated November 6, 2023, on the ground that no appeal lies from an order which directs a hearing to aid in the disposition of a motion or, in the alternative, to consolidate the appeals or direct that the appeals be calendared and heard together, and to extend the time to serve and file a brief on the appeal from the order dated November 6, 2023.
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 dismiss the appeal from the order dated November 6, 2023, on the ground that no appeal lies from an order which directs a hearing to aid in the disposition of a motion is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further, ORDERED that the branch of the motion which is to consolidate the appeals is denied; and it is further, ORDERED that the branch of the motion which is to direct that the appeals be calendared and heard together is granted, and the appeals will be calendared together and will be argued or submitted on the same date; and it is further, ORDERED that the branch of the motion which is to extend the time to serve and file a brief on the appeal from the order dated November 6, 2023, is granted, and on or before a December 13, 2024, the respondent shall serve and file the 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., WOOTEN, WARHIT and WAN, JJ., concur.