Tumelty v JPMorgan Chase Bank, National Association
Motion No: 2018-06848
Slip Opinion No: 2019 NY Slip Op 60198(U)
Decided on January 4, 2019
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

M258879

E/sl

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-06848

Miriam Tumelty, etc., appellant,

v JPMorgan Chase Bank, National

Association, respondent.

(Index No. 708471/14)

DECISION & ORDER ON MOTION

Motion by the appellant to extend the time to perfect an appeal from an order of the Supreme Court, Queens County, entered April 9, 2018, or, in effect, to hold the appeal in abeyance pending hearing and determination of a related appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is denied without prejudice to making a motion pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal as the appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a); and it is further,

ORDERED that the branch of the motion which is, in effect, to hold the appeal in abeyance pending hearing and determination of a related appeal is denied as academic.

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

ENTER:

Aprilanne Agostino

Clerk of the Court