Wells Fargo Bank, NA v Alexander, as administrator and heir of the estat
Motion No: 2017-03646
Slip Opinion No: 2017 NY Slip Op 86282(U)
Decided on September 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M237699

U/afa

2017-03646, 2017-03647

Wells Fargo Bank, NA, respondent,

v Dell Lisa Alexander, as administrator

and heir of the estate of Sarah Alford,

appellant, et al., defendants.

(Index No. 6916/14)

ORDER ON APPLICATION

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, and a judgment of the same court, both dated December 13, 2016.

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 (Appellate Division Docket No. 2017-03647) is dismissed, without costs or disbursements, as the right of direct appeal from the order terminated with entry of the judgment (see Matter of Aho, 39 NY2d 241, 248), and the issues raised on the appeal from the order will be brought up for review and considered on appeal from the judgment (see CPLR 5501[a][1]); and it is further,

ORDERED that the application is granted to the extent that the appellant's time to perfect the appeal from the judgment is enlarged until November 15, 2017, and the record or appendix on that appeal and the appellant's brief shall be served and filed on or before that date.

ENTER:

Aprilanne Agostino

Clerk of the Court