| Citimortgage v Weaver |
| Motion No: 2023-03196 |
| Slip Opinion No: 2024 NY Slip Op 67030(U) |
| Decided on May 1, 2024 |
| Appellate Division, 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 Division: Second Judicial Department
M296117
AFA/
BETSY BARROS, J.P.
LINDA CHRISTOPHER
JANICE A. TAYLOR
CARL J. LANDICINO, JJ.
|
2023-03196 Citimortgage, Inc., respondent, v Everette Weaver, appellant, et al., defendants. (Index No. 18430/2009)
| DECISION & ORDER ON MOTION |
2023-03493
Citimortgage, Inc., respondent, v Everette
Weaver, appellant, et al., defendants.
(Index No. 18430/2009)
Appeals from an order and judgment (one paper) of the Supreme Court, Kings County, dated June 1, 2022, and an order of the same court, dated March 23, 2023. The appeal from the order and judgment was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g), on the appeal from the order and judgment. Separate motion by the appellant, inter alia, to stay the sale of the subject premises, pending hearing and determination of the appeal from the order. Motion by the respondent to dismiss the appeal from the order, inter alia, on the ground that it is frivolous. Application by the appellant to extend the time to perfect the appeal from the order.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion by the appellant to waive certification of the record or appendix pursuant to 22 NYCRR 1250.7(g), on the appeal from the order and judgment, is denied as academic; and it is further,
ORDERED that the motion by the appellant to stay the sale of the subject premises, pending hearing and determination of the appeal from the order, is denied; and it is further,
ORDERED that the motion by the respondent to dismiss the appeal from the order is denied; and it is further,
ORDERED that the application to extend the time to perfect the appeal from the order is granted, and on or before May 31, 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.
BARROS, J.P., CHRISTOPHER, TAYLOR and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court