Appellate Division: Second Judicial Department

M256451

E/rr

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2017-05362 HSBC Bank USA, National Association, etc., plaintiff-respondent, v Patti Scivoletti, appellant, GE Money Bank, et al., defendants-respondents, et al., defendants. (Index No. 4107/16)

DECISION & ORDER ON MOTION

2017-11635

HSBC Bank USA, National Association, etc.,

plaintiff-respondent, v Patti Scivoletti, et al.,

appellants, GE Money Bank, et al., defendants-

respondents, et al., defendants.

(Index No. 4107/16)

Motion to enlarge the time to perfect appeals from two orders of the Supreme Court, Nassau County, entered October 28, 2016, and September 5, 2017, respectively, to consolidate the appeals, and for an award of costs and an attorney's fee. By order to show cause dated August 21, 2018, the parties to the appeals were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the order entered September 5, 2017, insofar as taken on behalf of the deceased appellant Robert Scivoletti, as the attorney who filed the notice of appeal lacked authority to act on his behalf and the notice of appeal was a nullity as to him and the motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion, inter alia, to enlarge the time to perfect appeals and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal from the order entered September 5, 2017, insofar as taken on behalf of the deceased appellant Robert Scivoletti is granted, and the appeal from the order entered September 5, 2017, insofar as taken on behalf of the deceased appellant Robert Scivoletti is dismissed, without costs or disbursements (see Lewis v Kessler, 12 AD3d 421, 422); and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect appeals is granted to the extent that the time to perfect the appeals by Patti Scivoletti is enlarged until November 16, 2018, and that branch of the motion is otherwise denied as academic; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary with respect to the appeals by Patti Scivoletti as those appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]), and that branch of the motion is otherwise denied as academic; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., CHAMBERS, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court