Appellate Division: Second Judicial Department

M207894

E/ct

L. PRISCILLA HALL, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2015-04062, 2015-04064, 2015-10775 Bank of America, N.A., respondent, v Sylvia Rancic DeNardo, et al., appellants, et al., defendants. (Index No. 59578/12)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Westchester County, both dated April 1, 2015, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court dated October 2, 2015, to dismiss the appeal from the judgment on the ground that no appeal lies from a judgment entered upon the default of an appealing party, for an award of costs and an attorney's fee, or, in the alternative, to enlarge the time to serve and file a brief.

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 appeals from the orders 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 enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until April 11, 2016, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

HALL, J.P., SGROI, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court