| US Bank National Association v Perez |
| Motion No: 2019-02623 |
| Slip Opinion No: 2020 NY Slip Op 60949(U) |
| Decided on January 14, 2020 |
| 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
M268874
kbp/
CHERYL E. CHAMBERS, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.
|
2019-02623 US Bank National Association, appellant, v Oscar Perez, respondent, et al., defendants. (Index No. 29012/10)
| DECISION & ORDER ON MOTION |
2019-05183
US Bank National Association, appellant,
v Oscar Perez, respondent, et al., defendants.
(Index No. 29012/10)
2019-12694
US Bank National Association, appellant,
v Oscar Perez, respondent, et al., defendants.
(Index No. 29012/10)
Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of appeals from two orders of the Supreme Court, Kings County, dated October 19, 2012, and March 7, 2019, respectively, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a), to extend the time to perfect those appeals, and to consolidate those appeals with an appeal from an order of the same court dated July 11, 2019.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to vacate the dismissal of the appeal from the order dated October 19, 2012, is denied; and it is further,
ORDERED that the branch of the motion which is to vacate the dismissal of the appeal from the order dated March 7, 2019, is granted, the dismissal of the appeal from the order dated March 7, 2019, pursuant to 22 NYCRR 1250.10(a) is vacated, the appellant's time to perfect the appeal from the order dated March 7, 2019, is extended until February 3, 2020, and the record or appendix on the appeal from the order dated March 7, 2019, 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 motion which is to extend the time to perfect the appeal from the order dated October 19, 2012, is denied as academic; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary, as to the appeals from the orders dated March 7, 2019, and July 11, 2019, may be consolidated as of right (see 22 NYCRR 1250.9[f][3]), and is otherwise denied as academic.
CHAMBERS, J.P., AUSTIN, MILLER and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court