Countrywide Home Loans Servicing, L.P. v Alkema Green-holder Et. Al., Tenants, & Wayne Tatum
Motion No: 2010-00540 qc
Slip Opinion No: 2010 NY Slip Op 75780(U)
Decided on June 24, 2010
Appellate Term, 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.


Appellate Term of the Supreme Court

of the State of New York for the 2nd, 11th & 13th judicial Districts

MICHAEL L. PESCE, P.J.

MICHELLE WESTON

JOSEPH G. GOLIA, JJ.

DECISION & ORDER ON MOTION

2010-540 Q C
Countrywide Home Loans Servicing, L.P.,
Respondent, v Alkema Green-Holder et. al., Tenants,
and Wayne Tatum, Appellant.

Motion by respondent to dismiss an appeal from a decision of the Civil Court of the City of New York, Queens County, dated May 29, 2009; motion by appellant for leave to file late opposition to respondent's motion; and motion by appellant for an enlargement of time to perfect the appeal.

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

ORDERED, on the court's own motion, that the motions are consolidated for purposes of disposition; and it is further,

ORDERED that the motion by appellant to file late opposition is granted and the opposing papers are deemed timely served and filed; and it is further,

ORDERED that the motion by respondent to dismiss the appeal is denied; and it is further,

ORDERED that the motion by appellant for an enlargement of time to perfect the appeal is granted and the appeal shall be perfected by September 3, 2010; and it is further,

ORDERED that in the event the appeal is not perfected on or before September 3, 2010, the court, on its own motion, may dismiss the appeal, or respondent may move to dismiss the appeal on three days' notice, and may serve such application in person.

ENTER:

Michael L. Pesce

Presiding Justice