| Citibank (South Dakota), N.A. v Baron |
| Motion No: 2012-03886 |
| Slip Opinion No: 2012 NY Slip Op 93848(U) |
| Decided on December 17, 2012 |
| 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
M148251
E/sl
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
SYLVIA HINDS-RADIX, JJ.
|
2012-03886, 2012-03888 Citibank (South Dakota), N.A., respondent, v Inez Baron, appellant. (Index No. 17080/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se for leave to prosecute appeals from two orders of the Supreme Court, Nassau County, dated November 18, 2011, and March 8, 2012, respectively, as a poor person. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the appeal from the order dated November 18, 2011 (Appellate Division Docket No. 2012-03886), is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,
ORDERED that the branch of the motion which is for poor person relief and the branch of the application which is to enlarge the time to perfect the appeal with respect to the order dated November 18, 2011, is denied as academic; and it is further,
ORDERED that the branch of the motion which is poor person relief with respect to the order dated March 8, 2012, is granted to the extent that leave to prosecute that appeal on the original papers is granted, and that appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file nine copies of their respective briefs and to serve one copy on each other, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the order dated March 8, 2012, is granted, and the appellant's time to perfect that appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this court (see 22 NYCRR 670.9[d][2]) and by serving and filing a brief on the appeal is enlarged until January 16, 2013.
ANGIOLILLO, J.P., DICKERSON, AUSTIN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court