Appellate Division: Second Judicial Department

M292859

AFA/

MARK C. DILLON, J.P.

LINDA CHRISTOPHER

BARRY E. WARHIT

CARL J. LANDICINO, JJ.

2022-09844 Bank of New York Mellon, etc., respondent, v Karen Khan, appellant, et al., defendants. (Index No. 53768/2019)

DECISION & ORDER ON MOTION

2023-06233

Bank of New York Mellon, etc., respondent,

v Karen Khan, appellant, et al., defendants.

(Index No. 53768/2019)

2023-09686, 2023-09687

Bank of New York Mellon, etc., respondent,

v Karen Khan, appellant, et al., defendants.

(Index No. 52592/2023)

Appeals from four orders of the Supreme Court, Dutchess County, dated October 19, 2022, May 26, 2023, August 31, 2023, and September 29, 2023, respectively. The appeal from the order dated October 19, 2022, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated October 19, 2022, and to extend the time to perfect that appeal. Separate motion by the appellant to stay all proceedings in the above-entitled actions, pending hearing and determination of the appeals, to prosecute the appeals as a poor person, and to consolidate the appeals from the orders dated October 19, 2022, and May 26, 2023, with the appeals from the orders dated August 31, 2023, and September 29, 2023.

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

ORDERED that the motion pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated October 19, 2022, and to extend the time to perfect that appeal is denied; and it is further,

ORDERED that the branch of the motion which is to stay all proceedings in the above-entitled actions, pending hearing and determination of the appeals, is denied; and it is further,

ORDERED that the branch of the motion which is for leave to prosecute the appeals as a poor person is denied; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeal from the order dated October 19, 2022, with the appeals from the orders dated May 26, 2023, August 31, 2023, and September 29, 2023, is denied as academic; and it is further,

ORDERED that the branch of the motion which is to consolidate the appeal from the order dated May 26, 2023, with the appeals from the orders dated August 31, 2023, and September 29, 2023, is denied; and it is further,

ORDERED that on the Court's own motion, the appeals from the order dated May 26, 2023, and the appeals from the orders dated August 31, 2023, and September 29, 2023, will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that on the Court's own motion, the appellant's time to perfect the appeal from the order dated May 26, 2023, is extended, and on or before January 8, 2024, 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.

DILLON, J.P., CHRISTOPHER, WARHIT and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court