Appellate Division: Second Judicial Department

M257310

E/mm

REINALDO E. RIVERA, J.P.

MARK C. DILLON

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX, JJ.

2016-00913, 2017-07126 Capital One, NA, etc., respondent, v Farah Maleki Amid, appellant, et al., defendants. (Index No. 17916/10)

DECISION & ORDER ON MOTION

2018-12002, 2018-12004

Capital One, NA, etc., respondent,

v Farah Maleki Amid, appellant,

et al., defendants.

(Index No. 17916/10)

Motion by respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered November 18, 2015, on the ground that the right of direct appeal therefrom terminated upon entry of a judgment of the same court entered April 3, 2017, in the above-entitled action. Separate motion by the respondent to dismiss an appeal from the judgment on the ground that it has been rendered academic by an order of the same court entered August 3, 2018. Separate motion by the respondent to extend the time to serve and file a brief in connection with the appeal from the judgment. Application by the respondent to extend the time to serve and file a brief in connection with the appeal from the judgment. Separate motion by the appellant to consolidate the appeals from the order entered November 18, 2015, and the judgment, in effect, to hold the appeals from the order entered November 18, 2015, and the judgment in abeyance pending determination of a certain motion by the Supreme Court, Nassau County, and to dismiss the respondent's motions on the ground that it does not have standing to make the motions. Separate motion by the appellant to enjoin the respondent from, inter alia, selling the subject premises pending hearing and determination of appeals from the order entered November 18, 2015, and the judgment, as well as appeals from two orders of the Supreme Court, Nassau County, both entered June 15, 2018, for a preference in the calendaring the appeals, for a scheduling order in connection with the appeals, and to consolidate the appeals.

Upon the papers filed in support of the respondent's motion to dismiss the appeal from the order entered November 18, 2015, and no papers having been filed in opposition or in relation thereto, upon the papers filed in support of the respondent's motion to dismiss the appeal from the judgment and the papers filed in opposition thereto, upon the papers filed in support of the respondent's motion to extend the time to serve and file a brief and the application for that relief, and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the appellant's motions and the papers filed in opposition thereto it is

ORDERED that on the Court's own motion, the appeals from the orders entered June 15, 2018, are dismissed, without costs or disbursements, on the ground that no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,

ORDERED that the respondent's motion to dismiss the appeal from the order entered November 18, 2015, is held in abeyance and referred to the panel of Justices hearing the appeals from the order entered November 18, 2015, and the judgment for determination upon the argument or submission thereof; and it is further,

ORDERED that the respondent's motion to extend the time to serve and file a brief and the application for that relief are granted, and the respondent's time to serve and file a brief is extended until December 10, 2018; and it is further,

ORDERED that the branches of the appellant's motions which are to consolidate the appeals from the order entered November 18, 2015, and the judgment are denied; and it is further,

ORDERED that on the Court's own motion, the appeals from the order entered November 18, 2015, and the judgment will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the branches of the appellant's motions which are to consolidate the appeals from the order entered November 18, 2015, and the judgment with the appeals from the orders entered June 15, 2018, are denied as academic; and it is further,

ORDERED that the motions are otherwise denied.

RIVERA, J.P., DILLON, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court