Federal Natl. Mtge. Assn. v Lillian Evans
Motion No: 2022-00302 ORC
Slip Opinion No: 2023 NY Slip Op 61939(U)
Decided on February 7, 2023
Appellate Term, 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 Term of the Supreme Court

of the State of New York for the 9th & 10th Judicial Districts

TIMOTHY S. DRISCOLL, J. P.

JAMES P. McCORMACK

GRETCHEN WALSH, JJ.

DECISION & ORDER ON MOTION

2022-302 OR C
Federal National Mortgage Association, Respondent, v Lillian Evans, Appellant.

Motion by appellant to be restored to possession pending the determination of an appeal from an order of the City Court of Newburgh, Orange County, dated May 11, 2022, and for related relief. Separate motions by appellant to 1) prosecute the appeal as a poor person; and 2) for an extension of time to perfect the appeal.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motions are consolidated for disposition; and it is further,

ORDERED that the motion to be restored to possession pending the determination of the appeal and for related relief is denied; and it is further,

ORDERED that the motion seeking an extension of time to perfect the appeal is granted, and the appeal shall be perfected on or before April 3, 2023; and it is further,

ORDERED that in the event the appeal is not perfected by April 3, 2023, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may serve such application upon appellant in person; and it is further,

ORDERED that the motion seeking to prosecute the appeal as a poor person is denied with leave to renew upon: (a) proper service upon the Orange County Attorney; and (b) the filing of an affidavit by appellant setting forth "sufficient facts so that the merit of her contentions can be ascertained" (CPLR § 1101 [a]).

ENTER:

Paul Kenny

Chief Clerk