New Residential Mtge. Loan Trust 2017-1-RPL1 v. Hafferkamp

Summary

The New York Appellate Division, Second Department dismissed Ronald R. Hafferkamp’s appeals in a mortgage foreclosure action. The appeal from the October 6, 2020 order was dismissed as abandoned, and the appeal from the January 24, 2020 order was dismissed as untimely because the notice of appeal was filed beyond the applicable 35-day period.

Holdings

1. An appeal must be dismissed as abandoned when the appellant's brief does not seek reversal or modification of any portion of the order appealed from.
2. The time to take an appeal as of right is jurisdictional and nonwaivable; when service is made by mail within New York, the applicable period is thirty days plus five days. An appeal filed after that period must be dismissed as untimely.

Questions Presented

1. Whether the appeal from the October 6, 2020 order should be dismissed as abandoned because Hafferkamp's brief did not seek reversal or modification of that order.
2. Whether the appeal from the January 24, 2020 order was untimely because the notice of appeal was filed more than thirty-five days after service by mail of the order and notice of entry.

Disposition

dismissed