Tischler v JP Morgan Chase Bank, N.A.
Motion No: 2006-11997
Slip Opinion No: 2007 NYSlipOp 80209(U)
Decided on October 9, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M60870

S/sl

GABRIEL M. KRAUSMAN, J.P.

MARK C. DILLON

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2006-11997

Regina Tischler, et al., respondents,

v JP Morgan Chase Bank, N.A., appellant.

(Index No. 35101/02)

DECISION & ORDER ON MOTION

Motion by the appellant to reargue the respondents' prior motion, inter alia, to direct the appellant to serve and file a supplemental record and to enlarge the time to serve and file a brief which was determined by decision and order on motion dated September 7, 2007.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the matter is remitted to the Supreme Court, Kings County, to report on whether the court considered the plaintiffs' opposition papers in determining the appellant's motion for summary judgment which resulted in the order dated October 17, 2006, and the motion to reargue is held in abeyance in the interim. The Supreme Court, Kings County, shall file its report with all convenient speed.

KRAUSMAN, J.P., DILLON, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court