Appellate Division: Second Judicial Department

M288907

AFA/

COLLEEN D. DUFFY, J.P.

ANGELA G. IANNACCI

ROBERT J. MILLER

JOSEPH A. ZAYAS, JJ.

2019-07104 Bank of New York Mellon, etc., respondent, v Ginger Robustello, appellant, et al., defendants. (Index No. 33082/2013)

DECISION & ORDER ON MOTION

2022-03780

Bank of New York Mellon, etc., respondent,

v Ginger Robustello, appellant, et al., defendants.

(Index No. 33082/2013)

Appeals from a decision of the Supreme Court, Rockland County, dated April 8, 2019, and an order and judgment (one paper) of the same court dated May 13, 2022. By order to show cause dated December 15, 2021, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal from the decision on the ground that no appeal lies from a decision. By decision and order on motion of this Court dated May 25, 2022, the motion to dismiss the appeal from the decision was granted and the appeal from the decision was dismissed, without costs or disbursements (see Schicchi v J.A. Green Constr. Co., 100 AD2d 509). Motion by the appellant for leave to reargue the opposition to the motion to dismiss the appeal from the decision. Separate motion by the appellant to deem the notice of appeal from the decision to be a premature notice of appeal from the order and judgment. Application by the appellant to extend the time to perfect the appeal from the order and judgment.

Upon the papers filed in support of the motions and the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion for leave to reargue the opposition to the motion to dismiss the appeal from the decision is granted to the extent that the decision and order on motion of this Court dated May 25, 2022, is amended by deleting from the second paragraph thereof the words "and no papers having been filed in response thereto," and substituting therefor the words "and the papers filed in response thereto," and that motion is otherwise denied; and it is further,

ORDERED that the motion to deem the notice of appeal from the decision to be a premature notice of appeal from the order and judgment is denied; and it is further,

ORDERED that the application to extend the time to perfect the appeal from the order and judgment is granted, and on or before July 11, 2023, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., IANNACCI, MILLER and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court