| U.S. Bank National Association v Montalvo |
| Motion No: 2019-05723 |
| Slip Opinion No: 2020 NY Slip Op 76774(U) |
| Decided on December 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. |
Appellate Division: Second Judicial Department
M274636
MB/
MARK C. DILLON, J.P.
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON
PAUL WOOTEN, JJ.
|
2019-05723, 2019-05724 U.S. Bank National Association, etc., respondent, v Jennifer Montalvo, et al., appellants, et al., defendants. (Index No. 605453/2015)
| DECISION & ORDER ON MOTION |
2019-14298
U.S. Bank National Association, etc., respondent,
v Jennifer Montalvo, et al., appellants, et al.,
defendants.
(Index No. 605453/2015)
Appeals from two orders of the Supreme Court, Suffolk County, both dated March 20, 2019, and an order of the same court dated November 4, 2019. The appeals from the orders dated March 20, 2019, were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals from the orders dated March 20, 2019, to extend the time to perfect the appeals from those orders, and to consolidate the appeals from those orders with the appeal from the order dated November 4, 2019. Cross motion by the respondent to dismiss the appeal from the order dated November 4, 2019, on the ground that no appeal lies from an order denying reargument.
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 branches of the motion by the appellants which are, in effect, to vacate the dismissal of the appeals from the orders dated March 20, 2019, and to extend the time to perfect the appeals from those orders are dismissed for failure to comply with the Electronic Filing Rules of the Appellate Division (see 22 NYCRR 1245.5[a]); and it is further,
ORDERED that the branch of the motion by the appellants which is to consolidate the appeals from the orders dated March 20, 2019, with the appeal from the order dated November 4, 2019, is denied as academic; and it is further,
ORDERED that the cross motion to dismiss the appeal from the order dated November 4, 2019, is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
DILLON, J.P., HINDS-RADIX, BRATHWAITE NELSON and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court