| NATIONSTAR MORTGAGE LLC, DOING BUSINESS AS MR. COOPER V DEBORAH SHAW, ALSO KNOWN AS DEBORAH E. SHAW, - . |
| Motion No: CA 23-01592 & CA 24-00534 |
| Slip Opinion No: 2024 NY Slip Op 65310(U) |
| Decided on April 1, 2024 |
| Appellate Division, Fourth 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. |
CA 23-01592 & CA 24-00534
| NATIONSTAR MORTGAGE LLC, DOING BUSINESS AS MR. COOPER,
PLAINTIFF-RESPONDENT, V DEBORAH SHAW, ALSO KNOWN AS DEBORAH E. SHAW, DEFENDANT-APPELLANT, ET AL.,
DEFENDANTS. |
Plaintiff-respondent having moved to dismiss the appeal from an order of the Supreme Court, Monroe County, entered May 16, 2023, or alternatively, to extend its time to file and serve an answering brief and to adjourn oral argument from April 8, 2024, to the term of Court commencing May 20, 2024, and defendant-appellant having moved to consolidate the appeal herein with the appeal taken under Appellate Division Docket No. CA 24-00534,
Now, upon reading and filing the papers with respect to plaintiff's and defendant's respective motions, and due deliberation having been had thereon,
It is hereby ORDERED that plaintiff's motion, insofar as it seeks an extension of time to file an answering brief and adjourn oral argument, is granted; the appeal is removed from this Court's April 8, 2024 day calendar and shall be added to a future term of Court; and plaintiff shall file and serve one brief that includes the arguments raised in both the appeal herein and the appeal taken under Appellate Division Docket No. CA 24-00534, and
It is further ORDERED that defendant's motion is granted on the condition that the appeal taken under Appellate Division Docket No. CA 24-00534 is perfected on or before June 28, 2024, and
It is further ORDERED that if the appeal taken under Appellate Division Docket No. CA 24-00534 is not perfected on or before June 28, 2024, it and the appeal herein shall be dismissed
without further order of this Court.
Entered: April 1, 2024
Ann Dillon Flynn
Clerk of the Court