Appellate Division: Second Judicial Department

M267787

E/sl

ALAN D. SCHEINKMAN, P.J.

JEFFREY A. COHEN

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2018-14250, 2019-08797 US Bank National, respondent, v Vena Fuller-Watson, appellant, et al., defendants. (Index No. 25063/08)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from a judgment of the Supreme Court, Queens County, dated October 4, 2011, and an order of the same court entered September 20, 2018, on the ground that the appellant lacks standing and to dismiss the appeal from the judgment on the ground that no appeal lies from a judgment entered upon the default of the appealing party, or, in the alternative, to extend the time to serve and file a brief. Separate motion by the appellant to strike stated portions of the reply papers filed in support of the respondent's motion or, in the alternative, for leave to file sur-reply papers.

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

ORDERED that the branch of the respondent's motion which is to dismiss the appeal from the judgment on the ground that no appeal lies from a judgment entered upon the default of the appealing party is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the respondent's motion which is to extend the time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until December 30, 2019, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the respondent's motion is otherwise denied; and it is further,

ORDERED that the appellant's motion is denied.

SCHEINKMAN, P.J., COHEN, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court