Opinion
Motion No. 2022-00302 ORC
02-07-2023
Federal National Mortgage Association, Respondent, v. Lillian Evans, Appellant.
Unpublished Opinion
MOTION DECISION
TIMOTHY S. DRISCOLL, J.P., JAMES P. McCORMACK, GRETCHEN WALSH, JJ.
DECISION & ORDER ON MOTION
Motion by appellant to be restored to possession pending the determination of an appeal from an order of the City Court of Newburgh, Orange County, dated May 11, 2022, and for related relief. Separate motions by appellant to 1) prosecute the appeal as a poor person; and 2) for an extension of time to perfect the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motions are consolidated for disposition; and it is further, ORDERED that the motion to be restored to possession pending the determination of the appeal and for related relief is denied; and it is further, ORDERED that the motion seeking an extension of time to perfect the appeal is granted, and the appeal shall be perfected on or before April 3, 2023; and it is further, ORDERED that in the event the appeal is not perfected by April 3, 2023, 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 to prosecute the appeal as a poor person is denied with leave to renew upon: (a) proper service upon the Orange County Attorney; and (b) the filing of an affidavit by appellant setting forth "sufficient facts so that the merit of her contentions can be ascertained" (CPLR § 1101 [a]).