Wells Fargo Bank, National Association v Russo
2026 NY Slip Op 72098(U)
July 10, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
Wells Fargo Bank, National Association, etc., respondent,
v
Freddy S. Russo, et al., appellants, et al., defendants.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
July 10, 2026
2025-02045, 703662/2021
Angela G. Iannacci, J.P.
William G. Ford
Janice A. Taylor
Lourdes M. Ventura, JJ.
[*1]DECISION & ORDER ON MOTION
2025-02867
Wells Fargo Bank, National Association, etc.,
respondent, v Freddy S. Russo, et al., appellants,
et al., defendants.
(Index No. 703662/2021)
Appeals from a decision of the Supreme Court, Queens County, dated December 5, 2024, and an order of the same court dated January 16, 2025, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant Freddy S. Russo pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals, to consolidate the appeals, and to extend the time to perfect the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion purportedly made on behalf of the appellant Juana F. Russo is dismissed on the ground that appellant Freddy S. Russo, who is not an attorney licensed to practice law in New York, is without authority to seek relief on the appellant Juana F. Russo's behalf (see CPLR 321); and it is further,
ORDERED that the branch of the motion which is to vacate the dismissal of the appeal from the decision is denied; and it is further,
ORDERED that the branches of the motion which are to vacate the dismissal of the appeal by Freddy S. Russo from the order and to extend the time to perfect the appeal from the order are granted, the dismissal of that appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before August 7, 2026, the appellant Freddy S. Russo shall and serve and file the record or appendix and his appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and his appellant's brief and upload digital copies of the record or appendix and his appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the motion is otherwise denied as academic.
IANNACCI, J.P., FORD, TAYLOR and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court