Appellate Division: Second Judicial Department

M204789

E/ct

MARK C. DILLON, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

ROBERT J. MILLER, JJ.

2015-02251, 2015-02252, 2015-02253 In the Matter of JP Morgan Chase Bank, N.A., petitioner-respondent-appellant. Russell Smith, et al., objectants-appellants- respondents; Susan Iannelli, et al., nonparty- respondents. (Index No. 27940/08)

DECISION & ORDER ON MOTION

2015-08881

In the Matter of JP Morgan Chase Bank,

N.A., petitioners-respondent.

Russell Smith, et al., objectants-appellants.

(Index No. 27940/08)

Motion by Russell Smith, Patricia Downs, and Barbara Smith Perry to enlarge the time to perfect appeals from three orders of the Supreme Court, Kings County, all dated February 27, 2015, and to enlarge the time to perfect an appeal from an order of the same court dated June 23, 2015. Cross motion by JP Morgan Chase Bank, N.A., inter alia, to dismiss the appeals from the orders dated February 27, 2015, for failure to timely perfect, and to dismiss the appeal from the order dated June 23, 2015, on the ground that the order is not appealable pursuant to CPLR 3104(d).

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

ORDERED that the branch of the cross motion which is to dismiss the appeal from the order dated June 23, 2015, is granted, and that appeal is dismissed, without costs or disbursements (see Crow-Crimmins-Wolff & Munier v County of Westchester, 110 AD2d 871); and it is further,

ORDERED that the cross motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the orders dated February 27, 2015, is granted, the time to perfect those appeals is enlarged until February 16, 2016, and the joint record or appendix on the appeals and cross appeals (see 22 NYCRR 670.8[c][1]) and the brief of Russell Smith, Patricia Downs, and Barbara Smith Perry must be served and filed on or before that date; and it is further,

ORDERED that the petitioner-respondent-appellant shall serve and file the answering brief, including the points of argument on the cross appeals, in accordance with the rules of this Court (see 22 NYCRR 670.8[c][3]); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated June 23, 2015, is denied as academic.

DILLON, J.P., ROMAN, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court