Appellate Division: Second Judicial Department

M277098

E/sl

SYLVIA O. HINDS-RADIX, J.P.

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2020-00309 Deutsche Bank National Trust Company, respondent, v Joaquin Bonilla, et al., appellants, et al., defendant. (Index No. 10186/2011)

DECISION & ORDER ON MOTION

2020-08359

Deutsche Bank National Trust Company,

respondent, v Joaquin Bonilla, appellant,

et al., defendants.

(Index No. 10186/2011)

Appeals from an order of the Supreme Court, Queens County, entered October 7, 2020, and an appeal from an order of the same court entered November 16, 2015. Motion by the respondent to dismiss the appeals from the order entered October 7, 2020, on the ground that the dismissal of prior appeals for failure to timely perfect precludes consideration of the issues to be raised on the appeals from the order entered October 7, 2020, pursuant to Bray v Cox (38 NY2d 350), and for an award of costs. Cross motion by the appellant Joaquin Bonilla, inter alia, to consolidate the appeals from the order entered October 7, 2020, with the appeal from the order entered November 16, 2015. Application pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect the appeals from the order entered October 7, 2020, and to waive certification of the record with respect to those appeals pursuant to 22 NYCRR 1250.7(g).

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, and upon the papers filed in support of the application 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 appeals from the order entered October 7, 2020, for determination upon the argument or submission thereof; and it is further,

ORDERED that the cross motion is denied; and it is further,

ORDERED that on the Court's own motion, the appeals from the order entered October 7, 2020, and the appeal from the order entered November 16, 2015, will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the application which is to extend the time to perfect the appeals from the order entered October 7, 2020, is granted, the time to perfect those appeals is extended, and on or before July 13, 2021, the appellants shall serve the record or appendix and a brief and upload digital copies of the record or appendix and a brief, with proof of service thereof, through the digital portal on this Court's website, and the appellants shall file an original and five hard copies of the record or appendix and a brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the application is otherwise denied without prejudice to making a motion for the relief sought.

HINDS-RADIX, J.P., CONNOLLY, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court