Opinion
Motion No. 2023-00730 2023-07912 2023-07917 Index No. 20603/2013
02-23-2024
Wells Fargo, respondent, v. Esther Welz, appellant, et al., defendants. Wilmington Savings Fund Society, FSB, etc., respondent, v Esther Welz, appellant, et al., defendants.
Unpublished Opinion
MOTION DECISION
M294387
ROBERT J. MILLER, J.P., LARA J. GENOVESI, HELEN VOUTSINAS, LAURENCE L. LOVE, JJ.
DECISION & ORDER ON MOTION
Appeals from two orders of the Supreme Court, Kings County, dated August 5, 2022, and April 27, 2023, and an order and judgment (one paper) of the same court dated April 27, 2023, respectively. The appeal from the order dated August 5, 2022, was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant to vacate the dismissal of the appeal from the order dated August 5, 2022, to extend the time to perfect that appeal, to consolidate the appeal from the order dated August 5, 2022, with the appeals from the order and the order and judgment both dated April 27, 2023, and to stay all proceedings in the above-entitled action, including the sale of the subject property, pending hearing and determination of the appeals.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to vacate the dismissal of the appeal from the order dated August 5, 2022, and to extend the time to perfect the appeal from that order, are granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before March 25, 2024, 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 on the Court's own motion, the time to perfect the appeals from the order and the order and judgment, both dated April 27, 2023, is extended, and on or before March 25, 2024, 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; and it is further, ORDERED that the branch of the motion which is to consolidate the appeals 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 stay all proceedings in the above-entitled action, including the sale of the subject property, is granted and all proceedings in the above-entitled action are stayed, including the sale of the subject property, pending hearing and determination of the appeals, on condition that the appeals are perfected on or before March 25, 2024; and it is further, ORDERED that in the event the appeals are not perfected on or before March 25, 2024, the Court, on its own motion, may vacate the stay, without further notice, or the respondent may move to vacate the stay, on three days notice.
MILLER, J.P., GENOVESI, VOUTSINAS and LOVE, JJ., concur.