Appellate Division: Second Judicial Department

M258883

E/sl

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-00195, 2018-12155 Litton Loan Servicing, L.P., respondent, v Judy Wasserman, etc., appellant, et al., defendants. (Index No. 2077/09)

DECISION & ORDER ON MOTION

Motion by the appellant pro se to extend the time to perfect appeals from a judgment of the Supreme Court, Suffolk County, dated January 21, 2010, and an order of the same court dated October 31, 2017, and for leave to prosecute the appeals as a poor person. By order to show cause dated October 26, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the judgment on the ground that no appeal lies from a judgment entered upon the default of the appealing party, and the appellant's 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 appellant's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal from the judgment is granted and the appeal from the judgment is dismissed, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that the branches of the appellant's motion which are to extend the time to perfect the appeal from the order and for leave to prosecute the appeal from the order on the original papers are granted; and it is further,

ORDERED that the appeal from the order will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.5[e], 1250.9[a][4],[c][1],[d],[e]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed in this Court (22 NYCRR 1250.9[a][4][i]); and it is further,

ORDERED that the time to perfect the appeal from the order is extended until February 4, 2019; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the branches of the appellant's motion which are to waive payment of the filing fee and for free transcripts with respect to the appeal from the order are denied; and it is further,

ORDERED that the branches of the appellant's motion which are to extend the time to perfect the appeal from the judgment and for leave to prosecute the appeal from the judgment as a poor person are denied as academic.

DILLON, J.P., MALTESE, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court