Wells Fargo Bank, N.A. v Davis
Motion No: 2016-11322
Slip Opinion No: 2017 NY Slip Op 93555(U)
Decided on November 28, 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

M241995

E/afa

WILLIAM F. MASTRO, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2016-11322, 2016-12352

Wells Fargo Bank, N.A., respondent,

v Viviene Davis, appellant, et al., defendants.

(Index No. 19813/13)

DECISION & ORDER ON MOTION

Motion by the appellant to recall and vacate so much of a decision and order on motion of this Court dated May 18, 2017, as dismissed an appeal from a decision of the Supreme Court, Queens County, entered September 6, 2016, to consolidate that appeal with an appeal from a judgment of the same court entered September 14, 2016, and to enlarge the time to perfect the appeals.

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

ORDERED that the branch of the motion which is to recall and vacate so much of the decision and order on motion dated May 18, 2017, as dismissed the appeal from the decision is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the judgment is granted, and the appellant's time to perfect the appeal from the judgment is enlarged until January 29, 2018; and it is further,

ORDERED that the motion is otherwise denied as academic.

MASTRO, J.P., CHAMBERS, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court