| Wells Fargo Bank, NA v Aorta |
| Motion No: 2016-04743 |
| Slip Opinion No: 2016 NY Slip Op 88449(U) |
| Decided on October 14, 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
M219694
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2016-04743, 2016-05574 Wells Fargo Bank, NA, respondent, v Noam Aorta, appellant, et al., defendants. (Index No. 10075/08)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect appeals from an order of the Supreme Court, Nassau County, dated November 17, 2015, and a judgment of the same court also dated November 17, 2015.
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 appeal from the order is dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment in the above-entitled action (see Matter of Aho, 39 NY2d 241); 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 January 17, 2017, and the record or appendix on the 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.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court