Appellate Division: Second Judicial Department

M265923

E/sl

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2019-00814 Deutsche Bank National Trust Company, etc., respondent, v Alix Florius, appellant. (Index No. 7951/10)

DECISION & ORDER ON MOTION

2019-00815

Deutsche Bank National Trust Company, etc.,

respondent, v Alix Florius, appellant.

(Index No. 7951/10)

Motion by the appellant, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated October 12, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to extend the time to perfect that appeal and an appeal from an order of the same court dated January 16, 2019,

and to consolidate the appeals.

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 from the order and judgment dated October 12, 2018, is denied; and it is further,

ORDERED that the branches of the motion which are to extend the time to perfect the appeal from the order and judgment dated October 12, 2018, and to consolidate the appeals are 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 dated January 16, 2019, is granted, and the appellant's time to perfect that appeal is extended until November 18, 2019; and it is further,

ORDERED that the motion is otherwise denied as unnecessary.

SCHEINKMAN, P.J., BALKIN, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court