| Bank of New York Mellon v Prestia |
| Motion No: 2017-08084 |
| Slip Opinion No: 2018 NY Slip Op 76591(U) |
| Decided on July 2, 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. |
Appellate Division: Second Judicial Department
M251932
E/afa
ALAN D. SCHEINKMAN, P.J.
WILLIAM F. MASTRO
JOSEPH J. MALTESE
ANGELA G. IANNACCI, JJ.
|
2017-08084 Bank of New York Mellon, etc., respondent, v Monica Prestia, et al., appellants, et al., defendants. (Index No. 34455/12)
| DECISION & ORDER ON MOTION |
2017-12274
Bank of New York Mellon, etc., respondent,
v Monica Prestia, et al., appellants, et al.,
defendants.
(Index No. 34455/12)
2018-04054
Bank of New York Mellon, etc., respondent,
v Monica Prestia, et al., appellants, et al.,
defendants.
(Index No. 34455/12)
Motion by the appellants to consolidate appeals from three orders of the Supreme Court, Suffolk County, dated May 26, 2017, September 20, 2017, and February 2, 2018, respectively, and to enlarge the time to perfect the appeals from the orders dated May 26, 2017, and September 20, 2017. Cross motion by the respondent, inter alia, to dismiss the appeal from the order dated May 26, 2017, for failure to timely perfect, and to dismiss the appeal from the order dated September 20, 2017, on the ground that the failure to prosecute the appeal from the order dated May 26, 2017, precludes consideration of the issues raised in connection with the appeal from the order dated September 20, 2017.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the orders dated May 26, 2017, and September 20, 2017, is granted, and the time to perfect those appeals is enlarged until August 1, 2018; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 670.7[c][1]); and it is further,
ORDERED that the cross motion is denied.
SCHEINKMAN, P.J., MASTRO, MALTESE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court