Hutchinson v Green Tree Servicing, LLC
Motion No: 2018-00500
Slip Opinion No: 2018 NY Slip Op 84969(U)
Decided on October 1, 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

M255851

E/sl

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

FRANCESCA E. CONNOLLY, JJ.

2018-00500

Hilda Hutchinson, appellant, v Green Tree

Servicing, LLC, et al., respondents.

(Index No. 504743/15)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to stay all proceedings in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Kings County, dated November 8, 2017. Separate motion by the respondent Everbank Financial Corp. to dismiss the appeal on the ground that it was not served with the record and the appellant's brief or, in the alternative, to enlarge the time to serve and file a brief.

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

ORDERED that the appellant's motion is denied; and it is further,

ORDERED that the branch of the respondent Everbank Financial Corp.'s motion which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the respondent Everbank Financial Corp.'s motion which is to enlarge the time of the respondent Everbank Financial Corp. to serve and file a brief is granted, the time of the respondent Everbank Financial Corp. to serve and file a brief is enlarged until October 29, 2018, and the brief shall be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted.

BALKIN, J.P., SGROI, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court