Appellate Division: Second Judicial Department

M241290

E/htr

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2016-12011, 2016-12012 US Bank, National Association, as successor trustee to Bank of America, N.A., etc., respondent, v Toshiba Carter, defendant, Andrea Robinson, appellant. (Index No. 710331/15)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss appeals from two orders of the Supreme Court, Queens County, entered September 28, 2016, and October 12, 2016, respectively, for failure to timely perfect and to dismiss the appeal from the order entered September 28, 2016, on the ground that no appeal lies from an order entered upon the default of the appealing party. Application by the appellant to enlarge the time to perfect appeals.

Upon the papers filed in support of the motion and the application, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal from the order entered September 28, 2016, is granted and the appeal is dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,

ORDERED that the motion is otherwise denied as academic with respect to the order entered September 28, 2016, and denied with respect tot he order entered October 12, 2016; and it is further,

ORDERED that the application is granted to the extent that the appellant's time to perfect the appeal from the order entered October 12, 2016, is enlarged until December 20, 2017, and the application is otherwise denied as academic.

LEVENTHAL, J.P., COHEN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court