| Bayview Loan Servicing, LLC v Williams |
| Motion No: 2014-00377 |
| Slip Opinion No: 2015 NY Slip Op 80134(U) |
| Decided on July 27, 2015 |
| 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
M196049
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
THOMAS A. DICKERSON
BETSY BARROS, JJ.
|
2014-00377, 2015-00422, 2015-00423, 2015-00424, 2015-00425 Bayview Loan Servicing, LLC, respondent, v Gerald Williams, appellant, et al., defendant. (Index No. 5202/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the sale of the subject premises, pending hearing and determination of appeals from a judgment of the Supreme Court, Queens County, entered November 18, 2014, three orders of the same court dated November 30, 2009, May 18, 2012, and August 28, 2014, respectively, and an order of the same court dated February 13, 2013, which was dismissed by decision and order on motion of this Court dated January 5, 2015, and to consolidate the appeals. 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 papers filed in opposition thereto, and upon the papers filed in support of 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 appeals from the orders dated November 30, 2009, May 18, 2012, and August 28, 2014, are dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment entered November 18, 2014, in the above-entitled proceeding (see Matter of Aho, 39 NY2d 241); and it is further,
ORDERED that the branch of the motion which is to stay the sale of the subject premises is denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,
ORDERED that the branch of the application which is to enlarge the time to perfect the appeal from the judgment is granted, the appellant's time to perfect that appeal is enlarged until August 26, 2015, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the application is otherwise denied as academic.
DILLON, J.P., LEVENTHAL, DICKERSON and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court