| DLJ Mortgage Capital, Inc. v Polanco |
| Motion No: 2025-08626 |
| Slip Opinion No: 2026 NY Slip Op 64910(U) |
| Decided on March 25, 2026 |
| 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
M312152
ECQ/
COLLEEN D. DUFFY, J.P.
LINDA CHRISTOPHER
CARL J. LANDICINO
SUSAN QUIRK, JJ.
|
2025-08626, 2025-08629 DLJ Mortgage Capital, Inc., respondent, v Jacques Polanco, Jr., appellant, et. al., defendants. (Index No. 722134/2022)
| DECISION & ORDER ON MOTION |
2026-00825
U.S. Bank Trust National Association, etc.,
respondent, v Jacques Polanco, Jr., appellant,
et. al., defendants.
(Index No. 722134/2022)
2026-01064
U.S. Bank Trust National Association, etc.,
respondent, v Jacques Polanco, Jr., appellant,
et. al., defendants.
(Index No. 722134/2022)
Appeals from four orders of the Supreme Court, Queens County, dated July 7, 2025 (two orders), January 8, 2026, and January 23, 2026, respectively. The appeals from the orders dated July 7, 2025 were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pro se for waiver of costs, fees, and expenses on the appeal from the order dated January 8, 2026. Separate motion by the appellant pro se for waiver of costs, fees, and expenses on the appeal from the order dated January 23, 2026. Separate motion by the appellant, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals from the orders dated July 7, 2025, in effect, to consolidate the appeals from the orders dated July 7, 2025, with the appeal from the order dated January 8, 2026, and to extend the time to perfect those appeals. Separate motion by the appellant, inter alia, to extend the time to perfect the appeal from the order dated January 23, 2026. Separate motion by the appellant, inter alia, to stay all proceedings in the above-entitled action, pending hearing and determination of the appeals from the orders dated July 7, 2025, and the order dated January 8, 2026.
Upon the papers filed in support of the motion waiver of costs, fees, and expenses on the appeal from the order dated January 8, 2026, the motion for waiver of costs, fees, and expenses on the appeal from the order dated January 23, 2026, and the motion, inter alia, to extend the time to perfect the appeal from the order dated January 23, 2026, and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the motion, inter alia, pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals from the orders dated July 7, 2025, in effect, to consolidate the appeals from the orders dated July 7, 2025, with the appeal from the order dated January 8, 2026, and to extend the time to perfect those appeals, and the motion inter alia, to stay all proceedings in the above-entitled action, pending hearing and determination of the appeals from the orders dated July 7, 2025, and the order dated January 8, 2026, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals from the orders dated July 7, 2025, is granted, the dismissal of the appeals from the orders dated July 7, 2025 pursuant to 22 NYCRR 1250.10(a) is vacated; and it is further,
ORDERED that the branch of the motion which is to consolidate the appeals from the orders dated July 7, 2025, with the appeal from the order dated January 8, 2026, 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 from the orders dated July 7, 2025, is granted, and on or before April 24, 2026, the appellant shall and 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; and it is further,
ORDERED that the branches of the motions which are to extend the time to perfect the appeals from the orders dated January 8, 2026, and January 23, 2026, are denied as premature; and it is further,
ORDERED that the motions are otherwise denied.
DUFFY, J.P., CHRISTOPHER, LANDICINO and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court