Reverse Mortgage Solutions v Evans
Motion No: 2019-14593
Slip Opinion No: 2020 NY Slip Op 73203(U)
Decided on October 16, 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

M273537

E/sl

WILLIAM F. MASTRO, J.P.

LEONARD B. AUSTIN

SYLVIA O. HINDS-RADIX

PAUL WOOTEN, JJ.

2019-14593

Reverse Mortgage Solutions, respondent,

v Lillian Evans, etc., appellant.

(Index No. 1581/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Orange County, dated October 30, 2019. Motion by the appellant to stay enforcement of a judgment of foreclosure and sale entered in the above-entitled action pending hearing and determination of the appeal from the order, to extend the time to perfect the appeal, to waive the digital filing requirement, for poor person relief, and for the assignment of counsel.

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 stay enforcement of the judgment in the action is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, the appellant's time to perfect the appeal by causing the original papers constituting the record on the appeal to be filed in the office of the Clerk of this Court (see 22 NYCRR 1250.9[a][5]), and by serving and filing an original and five hard copies of the appellant's brief, is extended until November 30, 2020; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the branch of the motion which is to waive the digital filing requirement is denied as unnecessary (see 22 NYCRR 1250.9[e]); and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeal on the original papers is denied as unnecessary, as leave to prosecute the appeal on the original papers was granted by decision and order on motion of this Court dated February 21, 2020; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., AUSTIN, HINDS-RADIX and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court