Appellate Division: Second Judicial Department

M273985

E/sl

ALAN D. SCHEINKMAN, P.J.

MARK C. DILLON

HECTOR D. LASALLE

LINDA CHRISTOPHER, JJ.

2019-09739 Wells Fargo Bank, National Association, etc., respondent, v Freddy S. Russo, et al., appellants, et al., defendants. (Index No. 24021/2010)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, dated April 8, 2019. Motion by the appellants to hold the appeal in abeyance pending the deadline for the moratorium on mortgage foreclosures or, in the alternative, to extend the time to perfect the appeal. Cross motion by the respondent to dismiss the appeal on the ground that no appeal lies from a judgment entered upon the default of the appealing parties.

Upon the papers filed in support of the motion and the cross 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 is granted, the time to perfect the appeal is extended, and on or before December 7, 2020, the appellants shall serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' 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 appellants' 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; and it is further,

ORDERED that the cross motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.

SCHEINKMAN, P.J., DILLON, LASALLE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court