U.S. Bank National Association v Harris
Motion No: 2019-08659
Slip Opinion No: 2020 NY Slip Op 68995(U)
Decided on July 22, 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

M272056

E/sl

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. 55252/2018)

DECISION & ORDER ON MOTION

2019-08660

U.S. Bank National Association, etc.,

plaintiff-respondent, v Odette Harris,

defendant-respondent, Walter Iwachiw,

appellant.

(Index No. 55252/2018)

2019-14425

U.S. Bank National Association, etc.,

plaintiff-respondent, v Odette Harris,

defendant-respondent, Walter Iwachiw,

appellant.

(Index No. 55252/2018)

2019-14426

U.S. Bank National Association, etc.,

plaintiff-respondent, v Odette Harris,

defendant-respondent, Walter Iwachiw,

appellant.

(Index No. 55252/2018)

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. The appeals from the order dated June 18, 2019, the order dated December 16, 2019, under Appellate Division Docket No. 2019-14426, and the order and judgment were dismissed by a decision and order on motion of this Court dated January 31, 2020. Motion by the appellant, inter alia, to reinstate the appeals from the order dated June 18, 2019, the order dated December 16, 2019, under Appellate Division Docket No. 2019-14426, and the order and judgment, to consolidate the appeals and extend the time to perfect the appeals, for leave to appeal to the Court of Appeals from the decision and order on motion of this Court dated January 31, 2020, and, in effect, to restore him to the subject premises.

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 extend the time to perfect the appeal from the order dated December 16, 2019, under Appellate Division Docket No. 2019-14425 is denied as unnecessary as the time to perfect the appeal does not expire until September 23, 2020 (see ADM 2020-0707); and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court