| Wilmington Savings Fund Society, FSB v Finn |
| Motion No: 2015-06726 |
| Slip Opinion No: 2017 NY Slip Op 70821(U) |
| Decided on April 18, 2017 |
| 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
M229006
E/sl
JOHN M. LEVENTHAL, J.P.
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE
VALERIE BRATHWAITE NELSON, JJ.
|
2015-06726, 2015-11711, 2016-01248, 2016-04567, 2016-04861, 2016-08694, 2017-02618 Wilmington Savings Fund Society, FSB, etc., respondent, v Patricia Finn, appellant, et al., defendants. (Appeal Nos. 1, 2, 4, 6) JPMorgan Chase Bank, National Association, v Patricia Finn, appellant, et al., defendants. (Appeal Nos. 3, 5) JPMorgan Chase Bank, National Association, as purchaser of the loans and other assets of Washington Mutual Bank, etc., respondent, v Patricia Finn, appellant, et al., defendants. (Appeal No. 7) (Index No. 5332/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant (1) for leave to appeal to this Court, in effect, from an amended order of the Supreme Court, Rockland County, dated January 21, 2016, and an order of the same court entered February 23, 2016, (2) to stay enforcement of a judgment of the same court dated March 23, 2015, to stay the sale of the subject premises, and to stay all proceedings in the above-entitled action, pending hearing and determination of appeals from the amended order dated January 21, 2016, the order entered February 23, 2016, and the judgment, as well as appeals from four orders of the same court dated October 13, 2015, July 11, 2016, February 7, 2013, and April 11, 2016, respectively, and to enlarge the time to perfect the appeals. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and 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 dated February 7, 2013 (Appellate Division Docket No. 2016-01248), 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 on the Court's own motion, the appeal from the order dated July 11, 2016 (Appellate Division Docket No. 2016-08694), is dismissed, without costs or disbursements, on the ground that no appeal lies from an order denying reargument; and it is further,
ORDERED that the branch of the motion which is for leave to appeal to this Court, in effect, from the amended order dated January 21, 2016, and the order entered February 23, 2016 (Appellate Division Docket Nos. 2016-04567, 2017-02618), is denied, and on the Court's own motion, the appeal purportedly taken as of right from the amended order dated January 21, 2016, is dismissed, without costs or disbursements; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals and the application for that relief are granted to the extent that the time to perfect the appeals from the judgment and the orders dated October 13, 2015, and April 11, 2016, is enlarged until June 19, 2017, and that branch of the motion and the application are otherwise denied as academic; and it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied.
LEVENTHAL, J.P., HINDS-RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court