Federal Natl. Mtge. Assn. v Lillian Evans
Motion No: 2022-00302 ORC
Slip Opinion No: 2023 NY Slip Op 77377(U)
Decided on November 20, 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

JERRY GARGUILO, P.J.

ELIZABETH H. EMERSON

GRETCHEN WALSH, JJ.

DECISION & ORDER ON MOTION

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

Motion by appellant to prosecute an appeal from an order of the City Court of Newburgh, Orange County, entered May 11, 2022, as a poor person. Separate motion by appellant for an extension of time to perfect the appeal.

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

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

ORDERED that the motion seeking leave to prosecute the appeal as a poor person is granted; and it is further,

ORDERED that the court stenographer or a certified transcriber, if any, shall promptly make, certify and file two typewritten transcripts of the minutes of all proceedings, if any, with the clerk of the trial court, who is directed to furnish without charge one copy to appellant to prosecute the appeal; and it is further,

ORDERED that appellant shall serve a copy of the transcript, if any, upon respondent, same to be returned upon the argument or submission of the appeal. The minutes shall be settled in accordance with Uniform Justice Court Act 1704. The clerk is further directed to file the second copy of the transcript, if any, with the record, which shall then be filed with this court; and it is further,

ORDERED that appellant's motion for an extension of time to perfect the appeal is granted, and the appeal shall be perfected on or before January 26, 2024; and it is further,

ORDERED that in the event the appeal is not perfected by January 26, 2024, the court, on its own motion, may dismiss the appeal or respondent may move, on three days' notice, to dismiss the appeal.

ENTER:

Paul Kenny

Chief Clerk