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Appellate Division, Second Department:April 10, 2019

Appellate Division, Second Department:April 10, 2019

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Motion List released on: April 10, 2019

By Austin, J.P.; Roman, Miller and Brathwaite Nelson, JJ.U.S. Bank National Association, etc., res, v. John F. Fagan appellants def — Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, dated September 27, 2017, on the ground that the notice of appeal was filed in violation of an automatic stay in connection with a bankruptcy proceeding by the appellant John F. Fagan. A bankruptcy discharge pursuant to 11 USC 727 was granted to the appellant John F. Fagan on April 24, 2018.Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it isORDERED that the motion is denied without prejudice to renew, upon proper papers, on or before May 9, 2019, including an order of the bankruptcy court confirming whether the notice of appeal was filed in violation of the automatic stay provision of 11 USC 362.AUSTIN, J.P., ROMAN, MILLER and BRATHWAITE NELSON, JJ., concur.

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