Appellate Division: Second Judicial Department

M176002

E/sl

RANDALL T. ENG, P.J.

JOHN M. LEVENTHAL

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2013-04619, 2013-06603, 2013-06607, 2013-11299 Wells Fargo Bank, N.A., respondent, v Timothy M. Rooney, appellant, et al., defendants. (Index No. 10167/09)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from four orders of the Supreme Court, Dutchess County, dated December 19, 2012, April 15, 2013 (two orders), and August 28, 2013, respectively, inter alia, to dismiss the appeal from the order dated December 19, 2012, on the ground that no appeal lies from an order entered upon the appellant's default, to dismiss the appeals from the order dated April 15, 2013, under Appellate Division Docket No. 2013-06603, and the order dated August 28, 2013, on the ground that those orders, in effect, deny motions to reargue, to strike the record and the appellant's brief, to enlarge the time to serve and file a brief, and to vacate a decision and order on motion of this Court dated March 24, 2014, which granted the appellant's motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated December 19, 2012 (Appellate Division Docket No. 2013-04619), is granted and that appeal is dismissed, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated August 28, 2013, on the ground that it denied reargument is granted to the extent that the appeal from so much of that order as denied reargument is dismissed, without costs or disbursements, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated April 15, 2013, under Appellate Division Docket No. 2013-06607, on the ground that the order, in effect, denied reargument is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to strike the record and the appellant's brief is granted, and on or before August 8, 2014, the appellant shall serve and file a replacement record which contains only the material submitted to the Supreme Court in connection with appeals under Appellate Division Docket Nos. 2013-06603, 2013-06607, and 2013-11299, and a replacement appellant's brief which does not refer to matter dehors the record; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until September 8, 2014, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to vacate a decision and order on motion of this Court dated March 24, 2014, which granted the appellant's motion to waive the requirements of 22 NYCRR 670.10.2(f) is denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

ENG, P.J., LEVENTHAL, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court