| U.S. Bank National Association v Nedrick-Bennett |
| Motion No: 2017-09981 |
| Slip Opinion No: 2019 NY Slip Op 62410(U) |
| Decided on February 6, 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
M259903
E/sl
REINALDO E. RIVERA, J.P.
MARK C. DILLON
JEFFREY A. COHEN
ANGELA G. IANNACCI, JJ.
|
2017-09981, 2017-09982 U.S. Bank National Association, etc., respondent, v Heather Nedrick-Bennett, appellant, et al., defendants. (Index No. 604175/15)
| DECISION & ORDER ON MOTION |
2018-06655
U.S. Bank National Association, etc., respondent,
v Heather Nedrick-Bennett, appellant, et al.,
defendants.
(Index No. 604175/15)
Motion by the appellant to extend the time to perfect appeals from three orders of the Supreme Court, Suffolk County, two dated July 14, 2017, and one dated March 5, 2018, to consolidate the appeals from the orders dated July 14, 2017, with the appeal from the order dated March 5, 2018, and to waive certification of the record on appeal pursuant to 22 NYCRR 1250.7(g). Cross motion by the respondent to dismiss the appeals for failure to timely perfect.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to extend the time to perfect appeals from the orders dated July 14, 2017, is denied without prejudice to making a motion pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of those appeals as those appeals have been deemed dismissed pursuant to 22 NYCRR 1250.10(a); and it is further,
ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order dated March 5, 2018, is granted and the appellant's time to perfect that appeal is extended until April 8, 2019; and it is further,
ORDERED that no further extension of time shall be granted; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic; and it is further,
ORDERED that the branch of the motion which is to waive certification of the record on appeal pursuant to 22 NYCRR 1250.7(g) is granted; and it is further,
ORDERED that the branch of the cross motion which is to dismiss the appeals from the orders dated July 14, 2017, for failure to timely perfect is denied as unnecessary as the appeals from those orders have been deemed dismissed pursuant to 22 NYCRR 1250.10(a); and it is further,
ORDERED that the branch of the cross motion which is to dismiss the appeal from the order dated dated March 5, 2018, is denied.
RIVERA, J.P., DILLON, COHEN and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court