Appellate Division: Second Judicial Department

M269770

kbp/

JOHN M. LEVENTHAL, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2019-14593 Reverse Mortgage Solutions, Inc., plaintiff, v Lillian Evans, etc., defendant; Ras Boriskin, LLC, nonparty-appellant (and a third-party action). (Index No. 1581/14)

DECISION & ORDER ON MOTION

Motion by Lillian Evans, in effect, for leave to appeal to this Court from an order of the Supreme Court, Orange County, dated October 30, 2019, to vacate a judgment and an order of reference of the same court dated June 13, 2018, to dismiss the complaint, and for poor person relief.

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

ORDERED that the branch of the motion which is for leave to appeal is denied as unnecessary, as the order is appealable as of right (see CPLR 5701); and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is granted, and the appeal will be heard on the original papers (including the transcript of the proceedings, if any) and on the briefs of the parties, who are directed to file an original and five duplicate hard copies, and, if represented by counsel, one digital copy, of their respective briefs, and to serve one hard copy on each other (22 NYCRR 1250.5[e], 1250.9[a][4],[c][1],[d],[e]); additionally, the appellant is directed to file proof of service of a subpoena upon the clerk of the court of original instance requiring all documents constituting the record on appeal to be filed in this Court (22 NYCRR 1250.9[a][4][i]); and it is further,

ORDERED that the motion is otherwise denied.

LEVENTHAL, J.P., ROMAN, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court