Opinion
Motion 2019-03743 2019-10390 2019-10686
01-21-2022
U.S. Bank National Association, etc., respondent, v. Nelcida Armand, appellant. Index No. 69087/2015
Unpublished Opinion
MOTION DECISION
M281053 E/sl
BETSY BARROS, J.P. ANGELA G. IANNACCI CHERYL E. CHAMBERS ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Appeals from three orders of the Supreme Court, Westchester County, dated January 25, 2019, two dated August 8, 2019, and an order and judgment (one paper) of the same court dated October 21, 2020. Motion by the appellant, in effect, to hold the appeal from the order and judgment in abeyance pending hearing and determination of the appeals from the orders. Separate motion by the respondent to dismiss the appeals from the orders on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of the order and judgment. Separate motion by the appellant, in effect, to hold the respondent's motion in abeyance pending hearing and determination of the appeal from the order and judgment, and to consolidate the appeals from the orders with the appeal from the order and judgment.
Upon the papers filed in support of the appellant's motions and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the appellant's motion, in effect, to hold the appeal from the order and judgment in abeyance pending hearing and determination of the appeals from the orders is denied; and it is further, ORDERED that the branch of the appellant's motion which is, in effect, to hold the respondent's motion in abeyance is granted; and it is further, ORDERED that the respondent's 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 appellant's motion which is to consolidate the appeals from the orders with the appeal from the order and judgment is denied; and it is further, ORDERED that on the Court's own motion, the appeal from the order and judgment will be heard on submission.
BARROS, J.P., IANNACCI, CHAMBERS and MILLER, JJ., concur.