U.S. Bank Trust, N.A., As Trustee for Lsf9 Master Particpation Trust v Lillian Evans As "jane Doe"
Motion No: 2023-01019 ORC
Slip Opinion No: 2024 NY Slip Op 68637(U)
Decided on May 13, 2024
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

JAMES P. McCORMACK, J.P.

GRETCHEN WALSH

ELENA GOLDBERG-VELAZQUEZ, JJ.

DECISION & ORDER ON MOTION

2023-1019 OR C
U.S. Bank Trust, N.A., as Trustee for LSF9 Master Particpation Trust, Respondent, v Lillian Evans as "Jane Doe", Appellant, and Lisa Hughes, Lewis Gomez, Blanca Bravo, Gabriella Rovera, Teresa Campos-Muniz, John Doe 1-4, Jane Doe 1-4, Undertenants.

Motion by appellant for an extension of time to perfect an appeal from a judgment of the City Court of Newburgh, Orange County, entered July 26, 2023. Separate motion by appellant to prosecute the appeal as a poor person.

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

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

ORDERED that the motion for an extension of time to perfect is granted and the appeal shall be perfected on or before August 30, 2024; and it is further,

ORDERED that in the event the appeal is not perfected by August 30, 2024, the court, on its own motion, may dismiss the appeal, or respondent may move, on three days' notice, to dismiss the appeal, and may serve such application upon appellant in person; 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 City 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.

ENTER:

Paul Kenny

Chief Clerk