| Bank of America, N.A. v Wattenmaker |
| Motion No: 2008-05720 |
| Slip Opinion No: 2009 NYSlipOp 67191(U) |
| Decided on March 20, 2009 |
| 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
M84107
E/sl
STEVEN W. FISHER, J.P.
MARK C. DILLON
HOWARD MILLER
RANDALL T. ENG, JJ.
|
2008-05720, 2009-00770
Bank of America Bank, N.A., respondent, v Mark E. Wattenmaker, appellant, et al., defendants. (Index No. 25326/06)
| ORDER TO SHOW CAUSE |
Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, dated April 15, 2008, and December 22, 2008, respectively, to enlarge the time to perfect the appeal from the order dated April 15, 2008, and for leave to prosecute the appeals as a poor person.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that on the court's own motion, the appeal from the order dated April 15, 2008 (Appellate Division Docket No. 2008-05720), is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appellant (see Marino v Termini, 4 AD3d 342); and it is further,
ORDERED that the branches of the motion which are to enlarge the time to perfect the appeal from the order dated April 15, 2008, and for leave to prosecute that appeal as a poor person are denied as academic; and it is further,
ORDERED that the parties or their attorneys are directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order dated December 22, 2008 (Appellate Division Docket No. 2009-00770), on the ground that the appeal has been rendered academic by the reinstatement of the mortgage, by filing an affidavit or affirmation on that issue with the Clerk of this court on or before April 17, 2009, and the branch of the motion which is for leave to prosecute the appeal from the order dated December 22, 2008, as a poor person is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this court, or his designee, shall serve a copy of this order to show cause on the parties or their attorneys by regular mail.
FISHER, J.P., DILLON, MILLER and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court