Appellate Division: Second Judicial Department

M81932

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2008-06096 Angelo Laffey, respondent, v JP Morgan Chase Bank, N.A., et al., defendants, Argent Mortgage Company, LLC, appellant. (Index No. 26766/07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered April 30, 2008, on the ground that it was untimely taken. Cross motion by the appellant for an award of costs and an attorney's fee to defray the expense in opposing the motion. Application by the appellant to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the cross motion, the papers filed in opposition to the motion, and no papers having been filed in opposition or in relation to the cross motion, and upon the application, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the cross motion is granted only to the extent that the appellant is awarded $100 costs, payable by the respondent, and the cross motion is otherwise denied; and it is further,

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 19, 2009, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

FISHER, J.P., DILLON, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court