Centurion Capital Corp. v. Zankowski

Full title: CENTURION CAPITAL CORP., PLAINTIFF-RESPONDENT, v. JOHN S. ZANKOWSKI…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: Mar 4, 2015

2015 N.Y. Slip Op. 65875 (N.Y. App. Div. 2015)

Opinion

Motion No: CA 15-00175 DOCKET NO. CA 15-00175

03-04-2015

CENTURION CAPITAL CORP., PLAINTIFF-RESPONDENT, v. JOHN S. ZANKOWSKI, DEFENDANT-APPELLANT, KATHLEEN J. ZANKOWSKI, WACHOVIA BANK NATIONAL ASSOCIATION, CACV OF COLORADO, LLC, AND JOHN DOE, DEFENDANTS.

SCUDDER, P.J.

PRESENT: , CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

Appellant having moved for an extension of time to perfect the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on October 9, 2014, and for other relief, and

Respondent having cross-moved to dismiss the appeal on the grounds that appellant failed to file and serve timely an effective notice of appeal, that appellant failed to perfect the appeal within 60 days of service of the notice of appeal, and that any right of direct appeal from the order terminated with entry and service of a judgment of foreclosure and sale,

Now, upon reading and filing the affidavit of John S. Zankowski sworn to January 9, 2015, the affirmation of F. Michael Ostrander, Esq., dated February 3, 2015, and the notices of motion and cross motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that respondent's cross motion is granted insofar as it seeks to dismiss the appeal for failure to perfect timely the appeal, and appellant shall perfect the appeal on or before May 4, 2015, and, in the event of failure to so perfect, the appeal is hereby dismissed without further order, and

It is further ORDERED that the notice of appeal entered in the Office of the Clerk of the County of Monroe on October 9, 2014, is deemed a premature appeal from the order entered October 9, 2014 (see CPLR 5520 [c]), and said notice of appeal is deemed to specify the judgment upon said order entered after service of the notice of appeal (see CPLR 5501 [c]), and

It is further ORDERED that the remainder of respondent's cross motion is denied, and

It is further ORDERED that appellant's motion is otherwise dismissed.

Entered: March 4, 2015

Frances E. Cafarell, Clerk