Appellate Division: Second Judicial Department

M269731

kbp/

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2019-08669 Bank of America, N.A., respondent, v John J. Drake, appellant, et al., defendants. (Index No. 15440/11)

DECISION & ORDER ON MOTION

2019-08673

Bank of America, N.A., respondent,

v Sean P. Drake, etc., appellant.

(Index No. 68428/14)

Motion by the appellants to consolidate appeals from two orders of the Supreme Court, Suffolk County, dated May 9, 2019, and May 13, 2019, respectively. Separate applications by the appellants to extend the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the applications 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 May 13, 2019, 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 motion to consolidate the appeals is denied as academic; and it is further,

ORDERED that the application to extend the time to perfect the appeal from the order dated May 13, 2019, is denied as academic; and it is further,

ORDERED that the application to extend the time to perfect the appeal from the order dated May 9, 2019, is granted, the time to perfect the appeal from the order dated May 9, 2019, is extended until March 23, 2020, and the record or appendix on the appeal from the order dated May 9, 2019, and the brief of the appellant John J. Drake shall be served and filed on or before that date.

RIVERA, J.P., CHAMBERS, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court