| Vargas v Vargas |
| Motion No: 2019-00460 |
| Slip Opinion No: 2019 NY Slip Op 84304(U) |
| Decided on November 15, 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
M267470
kbp/
WILLIAM F. MASTRO, J.P.
CHERYL E. CHAMBERS
JOSEPH J. MALTESE
LINDA CHRISTOPHER, JJ.
|
2019-00460, 2019-00461 Lourdes Vargas, appellant, v Ulises Rafael Vargas, et al., respondents. (Index No. 12102/17)
| DECISION & ORDER ON MOTION |
Motion by the appellant on appeals from two orders of the Supreme Court, Queens County, both dated September 24, 2018, to extend the time to perfect the appeal from the order under Appellate Division Docket No. 2019-00460. Separate motion by the respondent Ulises Rafael Vargas to dismiss the appeal from the order under Appellate Division Docket No. 2019-00461 on the ground that no appeal lies from an order entered upon the default of the appealing party.
Upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the respondent Ulises Rafael Vargas's motion and the papers filed in opposition thereto, it is
ORDERED that the appellant's motion is granted, and the appellant's time to perfect the appeal under Appellate Division Docket No. 2019-00460 is extended until December 16, 2019; and it is further,
ORDERED that no further extension of time shall be granted; and it is further,
ORDERED that the respondent Ulises Rafael Vargas's motion is granted, and the appeal under Appellate Division Docket No. 2019-00461 is dismissed, without costs or disbursements (see CPLR 5511).
MASTRO, J.P., CHAMBERS, MALTESE and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court