Citimortgage, Inc. v Rose
Motion No: 2019-06576
Slip Opinion No: 2020 NY Slip Op 63408(U)
Decided on February 24, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M269822

kbp/

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2019-06576, 2019-06578

CitiMortgage, Inc., respondent,

v Karen Rose, appellant, et al., defendants.

(Index No. 3724/14)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, pursuant to 22 NYCRR 1250.10(c), to vacate the dismissal of appeals from an order and judgment (one paper) of the Supreme Court, Nassau County, entered April 3, 2019, and an order of the same court also entered April 3, 2019, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a), to extend the time to perfect the appeals, to enlarge the record to include certain documents, and to stay the sale of the subject premises pending hearing and determination of the appeals.

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 to vacate the dismissal of the appeal from the order and judgment is granted, the dismissal of the appeal from the order and judgment pursuant to 22 NYCRR 1250.10(a) is vacated, the appellant's time to perfect the appeal from the order and judgment is extended until April 15, 2020, and the record or appendix on the appeal from the order and judgment 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 motion is otherwise denied.

DILLON, J.P., AUSTIN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court