Capital One, N.A. v Rauff
Motion No: 2020-00383
Slip Opinion No: 2020 NY Slip Op 73768(U)
Decided on October 28, 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

M273775

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2020-00383, 2020-00384, 2020-00385

Capital One, N.A., plaintiff,

v Denise Rauff, appellant, et al., defendants;

U.S. Bank National Association, etc.,

nonparty-respondent.

(Index No. 22700/2013)

DECISION & ORDER ON MOTION

Appeals from an order and judgment (one paper) of the Supreme Court, Suffolk County, entered September 19, 2019, and two orders of the same court dated August 22, 2017. Motion by the appellant, inter alia, to hold the appeals in abeyance pending certain proceedings in the Supreme Court, Suffolk County, or, in the alternative, to extend the time to perfect the appeals.

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

ORDERED that on the Court's own motion, the appeals from the orders are dismissed, without costs or disbursements, on the ground that no appeal lies from orders that were entered upon the default of the appealing party (see CPLR 5511); and it is further,

ORDERED that the branches of the motion which are to hold the appeals from the orders in abeyance and to extend the time to perfect the appeals from the orders are denied as academic; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order and judgment is granted, on or before November 27, 2020, the appellant shall serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website, and the appellant shall file an original and five hard copies of the record or appendix and the appellant's brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the motion is otherwise denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court