Appellate Division: Second Judicial Department

M273881

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

BETSY BARROS

PAUL WOOTEN, JJ.

2019-11590 Carrington Mortgage Services, LLC, respondent, v Claudine Tomlinson, et al., defendants, Ann Marie Mason, appellant. (Index No. 613634/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated August 28, 2019. Motion by the appellant pro se to extend the time to perfect the appeal, to waive certification of the record or the appellant's appendix pursuant to 22 NYCRR 1250.7(g), to enlarge the record to include certain material, and for poor person relief. By order to show cause dated September 18, 2020, the parties to the appeal were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the right of direct appeal from the order dated August 28, 2019, terminated upon entry in the above-entitled action of an order and judgment (one paper) of the Supreme Court, Suffolk County, entered September 9, 2019, and the appellant's motion was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed, without costs or disbursements (see Matter of Aho, 39 NY2d 241); and it is further,

ORDERED that the motion is denied as academic.

BALKIN, J.P., LEVENTHAL, BARROS and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court