Wells Fargo Bank, N.A. v Vaughan
Motion No: 2023-08235
Slip Opinion No: 2024 NY Slip Op 77432(U)
Decided on October 28, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M300319

KS/

VALERIE BRATHWAITE NELSON, J.P.

LINDA CHRISTOPHER

HELEN VOUTSINAS

PHILLIP HOM, JJ.

2023-08235

Wells Fargo Bank, N.A., respondent,

v Jason Vaughan, et al., appellants,

et al., defendants.

(Index No. 1988/2015)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Nassau County, dated March 14, 2023. Motion by the appellants to extend the time to perfect the appeal. By order to show cause dated June 10, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that the appellants are not aggrieved and/or on the ground that no appeal lies from an order and judgment entered upon the consent of the appealing party (see CPLR 5511), and the motion to extend the time to perfect the appeal was held in abeyance in the interim.

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

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the motion to extend the time to perfect the appeal is granted, and on or before November 27, 2024, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.

BRATHWAITE NELSON, J.P., CHRISTOPHER, VOUTSINAS and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court