Wells Fargo Bank, N.A. v Quartey
Motion No: 2018-12582
Slip Opinion No: 2019 NY Slip Op 69236(U)
Decided on April 30, 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

M262323

E/afa

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2018-12582

Wells Fargo Bank, N.A., etc., respondent,

v Ben Quartey, et al., appellants, et al., defendants.

(Index No. 5005/16)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Orange County, dated August 9, 2018, on the ground that no appeal lies from an order and judgment entered upon the default of the appealing party.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that on the Court's own motion, the appellants' time to perfect the appeal is extended until May 29, 2019, and the record or appendix on the appeal and the appellants' brief shall be served and filed on or before that date.

DILLON, J.P., CHAMBERS, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court