| Bank of America, N.A. v 1429 Pacific Inc. |
| Motion No: 2023-11562 |
| Slip Opinion No: 2024 NY Slip Op 79731(U) |
| Decided on December 6, 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
M301203
AFA/
BETSY BARROS, J.P.
LARA J. GENOVESI
LILLIAN WAN
LAURENCE L. LOVE, JJ.
|
2023-11562 Bank of America, N.A., appellant, v 1429 Pacific Inc., respondent, et al., defendants. (Index No. 518845/2018)
| DECISION & ORDER ON MOTION |
2024-00044
Bank of America, N.A., appellant,
v 1429 Pacific Inc., respondent, et al.,
defendants.
(Index No. 518845/2018)
Appeals from an order of the Supreme Court, Kings County, dated August 4, 2023, and a judgment of the same court dated September 20, 2023. Motion by the appellant to stay the encumbrance or transfer of the subject property, pending hearing and determination of the appeals. Separate motion by the appellant to consolidate the appeals and to extend the time to perfect the appeals.
Upon the papers filed in support of the motion, in effect, to stay the encumbrance or transfer of the subject property and the papers filed in opposition thereto, and upon the papers filed in support of the motion to consolidate the appeals and extend the time to perfect the appeals and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to stay the encumbrance or transfer of the subject property is denied; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals is denied as unnecessary as the appeals may be consolidated as of right (see 22 NYCRR 1250.9[f][3]); and it is further,
ORDERED that the branch of the motion which is to extend the time to perfect the appeals is granted, and on or before January 6, 2025, 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., GENOVESI, WAN and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court