NATIONSTAR MORTGAGE LLC FORMERLY KNOWN AS CENTEX HOME EQUITY V STEPHEN M. FERSACI, CELESTE A. FERSACI, - . NATIONSTAR
Motion No: CA 18-00352
Slip Opinion No: 2018 NY Slip Op 67721(U)
Decided on March 20, 2018
Appellate Division, Fourth 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.


March 20, 2018

PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 18-00352
DOCKET NO. CA 18-00353

NATIONSTAR MORTGAGE LLC FORMERLY KNOWN AS

CENTEX HOME EQUITY, PLAINTIFF-RESPONDENT,

V

STEPHEN M. FERSACI, CELESTE A. FERSACI,

DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.

(APPEAL NO. 1.)

NATIONSTAR MORTGAGE LLC FORMERLY KNOWN AS

CENTEX HOME EQUITY, PLAINTIFF-RESPONDENT,

V

STEPHEN M. FERSACI, CELESTE A. FERSACI,

DEFENDANTS-APPELLANTS, ET AL., DEFENDANTS.

(APPEAL NO. 2.)


Appellants having moved for an extension of time to perfect the appeals taken herein from a judgment and an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on January 18, 2017 (appeal No. 1), and April 25, 2017 (appeal No. 2), and having moved to consolidate the appeals, and respondent having cross-moved to dismiss the appeals for failure to perfect the appeals timely,

Now, upon reading and filing the affidavit of Maurice J. Verrillo, Esq., sworn to February 26, 2018, the affirmation of Zachary Gold, Esq., dated March 14, 2018, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that appellants' motion insofar as it seeks to consolidate the appeals is granted, and the appeals from the judgment and the order entered January 18, 2017, and April 25, 2017, are hereby consolidated for the purposes of perfecting and arguing the appeals, and

It is further ORDERED that the motion insofar as it seeks an extension of time to perfect the appeals is granted, and appellant shall perfect the appeals on or before May 11, 2018, and, in the event of failure to so perfect, the appeals are hereby dismissed without further order, and

It is hereby ORDERED that the cross motion is denied.

Entered: March 20, 2018

Mark W. Bennett, Clerk