| Wells Fargo Bank, N.A. v Digirolamo |
| Motion No: 2018-00225 |
| Slip Opinion No: 2019 NY Slip Op 73093(U) |
| Decided on June 19, 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
M263658
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
JEFFREY A. COHEN
ROBERT J. MILLER, JJ.
|
2018-00225 Wells Fargo Bank, N.A., respondent, v Michael A. Digirolamo, et al., defendants, Jaime A. Digirolamo, etc., appellant. (Index No. 35271/13)
| DECISION & ORDER ON MOTION |
2018-13316
Wells Fargo Bank, N.A., respondent,
v Michael A. Digirolamo, et al., defendants,
Jaime A. Digirolamo, etc., appellant.
(Index No. 35271/13)
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, Rockland County, dated November 30, 2017, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), for leave to withdraw that appeal, and to extend the time to perfect an appeal from an order and judgment (one paper) of the same court dated October 31, 2018. Cross motion by the respondent to dismiss the appeal from the order and judgment on the ground that dismissal of the appeal from the order dated November 30, 2017, for failure to timely perfect precludes review of the issues which can be raised on the appeal from the order and judgment.
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 pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated November 30, 2017, is denied; and it is further,
ORDERED that the branch of the motion which is for leave to withdraw the appeal from the order dated November 30, 2017, is denied as academic; and it is further,
ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order and judgment is granted, and the time to perfect that appeal is extended until July 19, 2019; and it is further,
ORDERED that the cross motion is held in abeyance and referred to the panel of Justices hearing the appeal and cross appeal for determination upon the argument or submission thereof.
RIVERA, J.P., BALKIN, COHEN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court