Onewest Bank, FSB v Weaver
Motion No: 2016-02538
Slip Opinion No: 2018 NY Slip Op 68696(U)
Decided on April 3, 2018
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

M248268

E/afa

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

BETSY BARROS, JJ.

2016-02538

Onewest Bank, FSB, respondent,

v Everette Weaver, appellant,

et al., defendants.

(Index No. 83/14)

DECISION & ORDER ON MOTION

2016-05524

Onewest Bank, FSB, respondent,

v Everette Weaver, appellant,

et al., defendants.

(Index No. 83/14)

2016-06564

Onewest Bank, FSB, respondent,

v Everette Weaver, appellant,

et al., defendants.

(Index No. 83/14)

2017-02131

CIT Bank, N.A., respondent,

v Everette Weaver, appellant,

et al., defendants.

(Index No. 83/14)

Motion by the respondent to consolidate appeals from three orders of the Supreme Court, Dutchess County, dated December 7, 2015, April 8, 2016, and April 27, 2016, respectively, and a judgment of the same court dated January 12, 2017, to enlarge the time to serve and file a brief, and for leave to serve and file a supplemental record containing certain material.

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 consolidate the appeals is denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, and the respondent's time to serve and file separate briefs in connection with each appeal is enlarged until June 18, 2018; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, on or before May 18, 2018, the appellant shall serve and file a supplemental record in connection with the appeal from the judgment dated January 12, 2017, containing the judgment dated January 12, 2017; and it is further,

ORDERED that no extension of time to serve and file the supplemental record shall be granted.

DILLON, J.P., AUSTIN, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court