Manko v Decorato & Cohen, LLP
Motion No: 2018-11116
Slip Opinion No: 2019 NY Slip Op 78142(U)
Decided on August 27, 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

M265225

E/sl

ALAN D. SCHEINKMAN, P.J.

BETSY BARROS

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2018-11116, 2018-11118, 2018-11119

Nella Manko, appellant,

v Decorato & Cohen, LLP, et al., respondents.

(Index No. 500962/18)

DECISION & ORDER ON MOTION

Motion by the appellant to extend the time to perfect appeals from an order of the Supreme Court, Kings County, dated July 20, 2018, and two judgments of the same court entered July 20, 2018, and August 7, 2018, respectively, to waive the motion filing fee, for poor person relief, and for the assignment of counsel. Application by the appellant pursuant to 22 NYCRR 1250.9 to extend the time to perfect the appeals.

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

ORDERED that on the Court's own motion, the appeals from the judgments are dismissed, without costs or disbursements, on the ground that no appeal lies from judgments entered upon the default of the appealing party (see CPLR 5511); and it is further,

ORDERED that the application and the branch of the appellant's motion which is to extend the time to perfect the appeal from the order are granted, the appellant's time to perfect that appeal is extended until September 27, 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 no further extension of time shall be granted; and it is further,

ORDERED that the branch of the appellant's motion which is to waive the motion filing fee is denied as unnecessary (see CPLR 8022[b]); and it is further,

ORDERED that the branches of the motion which are for poor person relief and the assignment of counsel in connection with the appeal from the order are denied; and it is further,

ORDERED that the motion is otherwise denied as academic.

SCHEINKMAN, P.J., BARROS, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court