| Wells Fargo Bank, N.A. v Bacquie |
| Motion No: 2018-11083 |
| Slip Opinion No: 2019 NY Slip Op 60896(U) |
| Decided on January 15, 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. |
Appellate Division: Second Judicial Department
M259195
E/sl
JOHN M. LEVENTHAL, J.P.
SHERI S. ROMAN
JOSEPH J. MALTESE
ANGELA G. IANNACCI, JJ.
|
2018-11083, 2018-11084, 2018-15183 Wells Fargo Bank, N.A., respondent, v Ena Bacquie, appellant, et al., defendant. (Index No. 12693/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, to stay all foreclosure proceedings in the above-entitled action pending hearing and determination of appeals from a judgment of the Supreme Court, Nassau County, entered July 6, 2018, and two orders of the same court entered July 6, 2018, and December 5, 2018, respectively, to consolidate the appeals from the judgment and the order entered July 6, 2018, with the appeal from the order entered December 5, 2018, to extend the time to perfect the appeals from the judgment and the order entered July 6, 2018, and, in effect to be permitted to serve papers upon the respondent via overnight mail.
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 stay all foreclosure proceedings is denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals from the judgment and the order entered July 6, 2018, with the appeal from the order entered December 5, 2018, is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further,
ORDERED that the branch of the motion which is to extend the time to perfect the appeals from the judgment and the order entered July 6, 2018, is granted, and the time to perfect those appeals is extended until March 18, 2019; and it is further,
ORDERED that the branch of the motion which is, in effect, to permit the appellant to serve papers upon the respondent via overnight mail is granted to the extent that, unless otherwise directed by this Court, papers shall be served in accordance with the CPLR and rules of this Court (see CPLR 2103; 22 NYCRR 1250.1[c][2]); and it is further
ORDERED that the motion is otherwise denied.
LEVENTHAL, J.P., ROMAN, MALTESE and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court