ISRAEL KASHIPOUR res, v. WILMINGTON SAVINGS FUND SOCIETY, FSB, ETC., ap

ISRAEL KASHIPOUR res, v. WILMINGTON SAVINGS FUND SOCIETY, FSB, ETC., ap — Appeal by Wilmington Savings Fund Society, FSB, from a judgment of the Supreme Court, Nassau County, entered April 6, 2017. By order to show cause dated June 5, 2017, this Court denied the appellant's motion, inter alia, to stay enforcement of the judgment pending the appeal, and directed the parties to show cause why an order should or should not be made and entered (1) dismissing the appeal on the ground that no appeal lies as of right from a "final...judgment...entered subsequent to an order of the Appellate Division which disposes of all the issues in the action" (CPLR 5701[a][1]), and leave to appeal had not been granted, and (2) imposing sanctions and/or costs, if any, including appellate counsel fees, against Wilmington Savings Fund Society, FSB, pursuant to 22 NYCRR 130-1.1(c) as this Court may deem appropriate. Separate applications by Wilmington Savings Fund Society, FSB, to withdraw the appeal from the judgment, and requesting withdrawal of this Court's order to show cause.

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ISRAEL KASHIPOUR res, v. WILMINGTON SAVINGS FUND SOCIETY, FSB, ETC., ap — Appeal by Wilmington Savings Fund Society, FSB, from a judgment of the Supreme Court, Nassau County, entered April 6, 2017. By order to show cause dated June 5, 2017, this Court denied the appellant’s motion, inter alia, to stay enforcement of the judgment pending the appeal, and directed the parties to show cause why an order should or should not be made and entered (1) dismissing the appeal on the ground that no appeal lies as of right from a “final…judgment…entered subsequent to an order of the Appellate Division which disposes of all the issues in the action” (CPLR 5701[a][1]), and leave to appeal had not been granted, and (2) imposing sanctions and/or costs, if any, including appellate counsel fees, against Wilmington Savings Fund Society, FSB, pursuant to 22 NYCRR 130-1.1(c) as this Court may deem appropriate. Separate applications by Wilmington Savings Fund Society, FSB, to withdraw the appeal from the judgment, and requesting withdrawal of this Court’s order to show cause.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ISRAEL KASHIPOUR res, v. WILMINGTON SAVINGS FUND SOCIETY, FSB, ETC., ap

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