| Wells Fargo Bank, N.A. v Gross |
| Motion No: 2015-05878 |
| Slip Opinion No: 2015 NY Slip Op 94508(U) |
| Decided on December 23, 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
M202855
W/sl
RUTH C. BALKIN, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX, JJ.
|
2015-05878, 2015-06439 Wells Fargo Bank, N.A., respondent, v Joseph Gross, et al., appellants, et al., defendants. (Index No. 31067/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Rockland County, both dated May 28, 2015, on the ground that no appeal lies from orders entered upon the default of the appealing parties.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted and the appeals are dismissed except insofar as they bring up for review the denial of the appellants' request for an adjournment to file opposition to the motion that resulted in the orders dated May 28, 2015 (see CPLR 5511; Katz v Katz, 68 AD2d 536, 540-542); and it is further,
ORDERED that on the Court's own motion the appellants' time to perfect the appeals is enlarged until January 29, 2016, and the record or appendix on the appeals and the appellants' brief shall be served and filed on or before that date.
BALKIN, J.P., AUSTIN, MILLER and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court