| Wells Fargo Bank, N.A. v Estwick |
| Motion No: 2015-07722 |
| Slip Opinion No: 2016 NY Slip Op 69920(U) |
| Decided on April 7, 2016 |
| 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
M209486
E/sl
JOHN M. LEVENTHAL, J.P.
THOMAS A. DICKERSON
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2015-07722 Wells Fargo Bank, N.A., respondent, v Dennis Estwick, et al., appellants. (Index No. 653/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Orange County, dated April 13, 2015, as untimely taken. Motion by the appellant pro se to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the appellants' appendix.
Upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, and upon the papers filed in support of the appellants' motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the respondent's motion is denied on condition that on or before April 28, 2016, the appellant file the notice of appeal, which was timely served, with the County Clerk, Orange County, and file proof of service with this Court (see CPLR 5520[a]); and it is further,
ORDERED that the appellants' motion is granted.
LEVENTHAL, J.P., DICKERSON, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court