JPMorgan Chase Bank, National Association v Bonilla
Motion No: 2017-10512
Slip Opinion No: 2018 NY Slip Op 84190(U)
Decided on September 21, 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

M255552

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

LINDA CHRISTOPHER, JJ.

2017-10512

JPMorgan Chase Bank, National Association,

respondent, v Joaquin Bonilla, et al., appellants,

et al., defendants.

(Index No. 70618/14)

DECISION & ORDER ON MOTION

2018-01083

JPMorgan Chase Bank, National Association,

respondent, v Joaquin Bonilla, et al., appellants.

(Index No. 70618/14)

2018-02755

JPMorgan Chase Bank, National Association,

respondent, v Joaquin Bonilla, appellant, et al.,

defendants.

(Index No. 2801/09)

2018-03891

JPMorgan Chase Bank, National Association,

etc., respondent, v Joaquin Bonilla, appellant,

et al., defendants.

(Index No. 70618/14)

2018-06354

JPMorgan Chase Bank, National Association,

respondent, v Joaquin Bonilla, et al., appellants.

(Index No. 70618/14)

Motion by the appellants to consolidate appeals from four orders of the Court, Supreme County, Suffolk dated November 18, 2013, August 1, 2017, November 30, 2017, January 29, 2018, respectively, and a judgment of the same court entered April 9, 2018, 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 on the Court's own motion, the appeal from the order dated November 18, 2013, under Appellate Division Docket No. 2018-02755 is dismissed, without costs or disbursements, on the ground that the appellant Joaquin Bonilla is not aggrieved by that order (see CPLR 5511); and it is further,

ORDERED that on the Court's own motion, the appeals from the orders dated August 1, 2017, November 30, 2017, January 29, 2018, are dismissed, without costs or disbursements, on the ground that the right of direct appeal therefrom terminated upon entry of the judgment (see Matter of Aho, 39 NY2d 241); the issues raised on the appeals from those orders may be brought up for review and raised on the appeal from the judgment; 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 denied as premature as the time to perfect that appeal does not expire until November 9, 2018; and it is further,

ORDERED that the motion is otherwise denied as academic.

DILLON, J.P., AUSTIN, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court