Appellate Division: Second Judicial Department

M269229

kbp/

WILLIAM F. MASTRO, J.P.

MARK C. DILLON

LINDA CHRISTOPHER

PAUL WOOTEN, JJ.

2019-08659 U.S. Bank National Association, etc., plaintiff-respondent, v Odette Harris, defendant-respondent, Walter Iwachiw, appellant. (Index No. 55252/18)

DECISION & ORDER ON MOTION

2019-08660

U.S. Bank National Association, etc.,

plaintiff-respondent, v Odette Harris,

defendant-respondent, Walter Iwachiw,

appellant.

(Index No. 55252/18)

2019-14425

U.S. Bank National Association, etc.,

plaintiff-respondent, v Odette Harris,

defendant-respondent, Walter Iwachiw,

appellant.

(Index No. 55252/18)

2019-14426

U.S. Bank National Association, etc.,

plaintiff-respondent, v Odette Harris,

defendant-respondent, Walter Iwachiw,

appellant.

(Index No. 55252/18)

Appeals from three orders of the Supreme Court, Westchester County, one dated June 18, 2019, and two dated December 16, 2019, and an order and judgment (one paper) of the same court dated June 18, 2019. Motion by the appellant, inter alia, to consolidate the appeal from the order dated June 18, 2019, with the appeal from the order and judgment. Separate motion by the appellant, inter alia, to extend the time to perfect the appeals, and to consolidate the appeals. Cross motion by the plaintiff-respondent to dismiss the appeals from the order dated June 18, 2019, and the order and judgment, on the ground that the appellant is not aggrieved thereby.

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

ORDERED that on the Court's own motion, the appeal from the order dated December 16, 2019, under Appellate Division Docket No. 2019-14426, is dismissed, without costs or disbursements, as no appeal lies from an order entered upon the default of the appealing party (see CPLR 5511); and it is further,

ORDERED that the cross motion is granted, and the appeals from the order dated June 18, 2019, and the order and judgment, are dismissed, without costs or disbursements (see CPLR 5511); and it is further,

ORDERED that the branches of the motions which are to consolidate appeals and to extend the time to perfect appeals from the order dated June 18, 2019, the order and judgment, and the order dated December 16, 2019, under Appellate Division Docket No. 2019-14426, 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 December 16, 2019, under Appellate Division Docket No. 2019-14425, is denied as premature; and it is further,

ORDERED that the motions are otherwise denied.

MASTRO, J.P., DILLON, CHRISTOPHER and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court