| Bayview Loan Servicing, LLC v Tchet Ab Utcha Ra El |
| Motion No: 2018-02174 |
| Slip Opinion No: 2019 NY Slip Op 67351(U) |
| Decided on April 8, 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
M261664
E/afa
RUTH C. BALKIN, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
BETSY BARROS, JJ.
|
2018-02174 Bayview Loan Servicing, LLC, respondent, v Tchet Ab Utcha Ra El, etc., appellant, et al., defendant. (Index No. 707826/14)
| DECISION & ORDER ON MOTION |
Motion by the appellant, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from a decision of the Supreme Court, Queens County, dated November 20, 2017, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and to extend the time to perfect the appeal.
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 pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal is granted, and the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated; and it is further,
ORDERED that on the Court's own motion, the notice of appeal from the decision is deemed to be a premature notice of appeal from an order of the Supreme Court, Queens County, entered June 6, 2018 (see CPLR 5520[c]); and it is further,
ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order is granted, the time to perfect the appeal is extended until May 8, 2019, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
BALKIN, J.P., COHEN, MILLER and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court