Opinion
Motion No: 527467
01-18-2019
DITECH FINANCIAL, LLC., Respondent, v. SHARON LEVINE et al., Appellants, et al., Defendants.
DECISION AND ORDER ON MOTION
Motion to dismiss appeals for lack of appealability and/or for failure of prosecution, or, in the alternative, for extension of time to file and serve brief of respondent and for further relief.
Cross motion to vacate dismissal of the appeal taken by notice of appeal dated February 22, 2018 and for extension of time to perfect said appeal.
Upon the papers filed in support of the motion and the cross motion and the papers filed in opposition to the motion, it is
ORDERED that the motion to dismiss the appeal taken by notice of appeal dated February 22, 2018 for lack of appealability is denied, without costs, and it is further
ORDERED that the motion to dismiss the appeal taken by notice of appeal dated February 22, 2018 for failure of prosecution is denied, without costs, as unnecessary (see 22 NYCRR 1250.10 [a]), and it is further
ORDERED that the motion to dismiss the appeal taken by notice of appeal dated July 31, 2018 is denied, without costs, and without prejudice to the issue of appealability being raised upon argument of the appeal, and it is further
ORDERED that the motion for an extension of time to file and serve the brief of respondent is granted, without costs, and the time is extended to February 19, 2019 and it is further
ORDERED that the motion for further relief is denied, without costs, and it is further
ORDERED that the cross motion is granted, without costs, the dismissal of the appeal taken by notice of appeal dated February 22, 2018 is vacated (see 22 NYCRR 1250.10 [c]), and the appeal is deemed timely perfected.
Garry, P.J., Egan Jr., Aarons and Pritzker, JJ., concur.
ENTER:
Robert D. Mayberger
Clerk of the Court