| Deutsche Bank National Trust Company v Bonilla |
| Motion No: 2020-00309 |
| Slip Opinion No: 2020 NY Slip Op 73962(U) |
| Decided on October 30, 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. |
Appellate Division: Second Judicial Department
M273758
MB/
REINALDO E. RIVERA, J.P.
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX
ANGELA G. IANNACCI, JJ.
|
2020-00309 Deutsche Bank National Trust Company, etc., respondent, v Joaquin Bonilla, appellant, et al., defendants. (Index No. 10186/2011)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated October 28, 2015. Motion by the respondent to dismiss the appeal on the ground that the dismissal of prior appeals for failure to timely perfect precludes consideration of the issues to be raised on this appeal pursuant to Bray v Cox (38 NY2d 350) and to dismiss portions of the appeal on the ground that those portions have been rendered academic. Cross motion by the appellant pro se pursuant to 22 NYCRR 1250.7(g) to waive certification of the appellant's appendix, extend the time to perfect the appeal, and to waive the filing fee.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the cross motion which is pursuant to 22 NYCRR 1250.7(g) to waive certification of the appellant's appendix is granted; and it is further,
ORDERED that the branch of the cross motion which is to extend the time to perfect the appeal is granted, the appellant's time to perfect the appeal is extended, and on or before December 29, 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 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 branch of cross motion which is for waiver of the filing fee of the appeal is denied.
RIVERA, J.P., COHEN, HINDS-RADIX and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court