| US Bank Nat'l v Savin |
| Motion No: 2024-08923 |
| Slip Opinion No: 2025 NY Slip Op 78756(U) |
| Decided on October 17, 2025 |
| 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
M308648
AFA/
LARA J. GENOVESI, J.P.
WILLIAM G. FORD
LOURDES M. VENTURA
SUSAN QUIRK, JJ.
|
2024-08923 US Bank Nat'l, etc., respondent, v Audrey Savin, appellant, et al., defendants. (Index No. 502854/2014)
| DECISION & ORDER ON MOTION |
Appeal from a purported order of the Supreme Court, Kings County, dated July 30, 2024. Motion by the appellant for waiver of costs, fees, and expenses, for the assignment of counsel, and to extend the time to perfect the appeal. By order to show cause dated August 20, 2025, 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 no appeal lies from a decision or, in the alternative, that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted. Application by the appellant, in effect, to deem the notice of appeal from the purported order to be a notice of appeal from a judgment of the same court dated August 2, 2024.
Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the motion and the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that the application is granted and the notice of appeal from the order is deemed to be a notice of appeal from the judgment dated August 2, 2024 (see CPLR 5512[a]); and it is further,
ORDERED that the branches of the motion which are for waiver of costs, fees, and expenses and for the assignment of counsel are denied; and it is further,
ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before November 17, 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.
GENOVESI, J.P., FORD, VENTURA and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court