Opinion
Motion No: M-5674
02-14-2019
Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2007-5, Asset-Backed Certificates, Series 2007-5, Plaintiff-Appellant, Action #1 v. Donna Ferrato, Defendant-Respondent. Wells Fargo Bank, National Association as Trustee for Option One Mortgage Loan Trust 2007-5, Asset-Backed Certificates, Index No. 850294/17 Series 2007-5, Action #2 Plaintiff-Respondent, v. Donna Ferrato, Defendant-Appellant.
An appeal having been taken by plaintiff-appellant from an order of the Supreme Court, New York County entered in Action #1 on or about March 6, 2018, to the extent that it denied plaintiff's motion to revoke the acceleration of the subject mortgage loan,And an appeal having been taken by defendant-appellant from an order of the Supreme Court, New York County entered in Action #2 on or about August 7, 2018, to the extent that it denied defendant's motion to dismiss that action, And plaintiff having moved for an order consolidating the two appeals, treating plaintiff's appeal in Action #1 as a cross appeal to defendant's appeal in Action #2, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered, sua sponte, that plaintiff-appellant's time to perfect the appeal in Action #1 is enlarged to the June 2019 Term. Plaintiff's motion is granted to the extent that the Clerk is directed to calendar the Appeals in Action #1 and Action #2 to be heard on the same date, if perfected for the same term, and is otherwise denied.
ENTERED: February 14, 2019
_____________________ CLERK
Present - Hon. Dianne T. Renwick,Justice Presiding,Sallie Manzanet-Daniels Peter Tom Angela M. Mazzarelli Troy K. Webber, Justices
M-5674
Index No. 850034/15