Appellate Division: Second Judicial Department

M185677

E/ct

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

COLLEEN D. DUFFY, JJ.

2014-04557, 2014-11115 Bank of New York Mellon, etc., respondent, v Jennifer Garrett, appellant, Marvin Bracey, et al., defendants. (Index No. 11-5132)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from a decision of the Supreme Court, Orange County, dated June 19, 2013, and an appeal from an order of the same court dated October 2, 2013, which was dismissed by a decision and order on motion of this Court dated September 11, 2014, pursuant to 22 NYCRR 670.8(e), for failure to timely perfect, to recall and vacate so much of the decision and order on motion dated September 11, 2014, as dismissed the appeal from the order dated October 2, 2013, to reinstate the appeal from that order, to enlarge the time to perfect the appeal from that order, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appendix, and for leave to file an oversized brief.

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 decision (Appellate Division Docket No. 2014-11115) is dismissed, without costs or disbursements, on the ground that no appeal lies from a decision (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509); and it is further,

ORDERED that the branches of the motion which are to recall and vacate so much of the decision and order on motion dated September 11, 2014, as dismissed the appeal from the order dated October 2, 2013, to reinstate the appeal from that order, and to enlarge the time to perfect that appeal from the order are granted, so much of the decision and order on motion dated September 11, 2014, as dismissed the appeal from the order is recalled and vacated, the appeal from the order is reinstated, the appellant's time to perfect the appeal from the order is enlarged until February 17, 2015, and the record or appendix and the appellant'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 waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record or appendix on appeal is denied with leave to renew upon filing the record or appendix; and it is further,

ORDERED that the branch of the motion which is for leave to file an oversized brief is denied without prejudice to making an application pursuant to 22 NYCRR 670.10.3(e).

DILLON, J.P., CHAMBERS, HALL and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court