Citibank, N.A. v Simon
Motion No: 2017-13191
Slip Opinion No: 2019 NY Slip Op 63161(U)
Decided on February 14, 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

M260126

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2017-13191

Citibank, N.A., etc., respondent,

v Robyn Simon, etc., appellant,

et al., defendants.

(Index No. 26301/08)

DECISION & ORDER ON MOTION

2017-13192

Citibank, N.A., etc., respondent,

v Robyn Simon, etc., appellant,

et al., defendants.

(Index No. 26301/08)

2018-03859

Citibank, N.A., etc., respondent,

v Robyn Simon, etc., appellant,

et al., defendants.

(Index No. 26301/08)

Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from an order of the Supreme Court, Kings County, dated November 14, 2016, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to extend the time to perfect that appeal, and to consolidate that appeal with appeals from two orders of the same court dated October 17, 2017, and November 1, 2017, respectively. Separate motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated October 17, 2017, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and to extend the time to perfect that appeal. Separate motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated November 1, 2017, and to extend the time to perfect that appeal.

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

ORDERED that the motions to vacate the dismissal of the appeals and to extend the time to perfect the appeals, and the branches of the motion which is for that relief are denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeals is denied as academic.

DILLON, J.P., LEVENTHAL, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court