| Citimortgage, Inc. v Weaver |
| Motion No: 2016-13092 |
| Slip Opinion No: 2018 NY Slip Op 87356(U) |
| Decided on October 30, 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
M256958
E/mm
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
ROBERT J. MILLER
VALERIE BRATHWAITE NELSON, JJ.
|
2016-13092, 2017-01462 Citimortgage, Inc., respondent, v Everette Weaver, appellant, et al., defendants. (Index No. 18430/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant (1) to extend the time to comply with a decision and order on motion of this Court dated March 9, 2018, which directed him to serve and file a supplemental record in connection with an appeal from an order of the Supreme Court, Kings County, dated September 26, 2016, (2) in effect, to recall and vacate a decision and order on motion of this Court dated April 16, 2018, which, inter alia, dismissed an appeal from an order of the same court dated January 7, 2016, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted and reinstate the appeal, and (3) to consolidate the appeals.
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 extend the time to comply with the decision and order on motion of this Court dated March 9, 2018, is granted and on or before November 14, 2018, the appellant shall serve and file a supplemental record in connection with the appeal from the order dated September 26, 2016, containing the documents listed in paragraph 5 of the affirmation in support of the motion that resulted in the decision and order on motion dated March 9, 2018; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that on the Court's own motion, the respondent's time to serve and file a brief in connection with the appeal from the order dated September 26, 2016, is enlarged until December 14, 2018, and the respondent's brief, if any, shall be served and filed on or before that date.
BALKIN, J.P., ROMAN, MILLER and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court