Columbia Home Loans, LLC v Khan
Motion No: 2009-11117
Slip Opinion No: 2010 NY Slip Op 90490(U)
Decided on December 13, 2010
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

M112447

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

RANDALL T. ENG

PLUMMER E. LOTT, JJ.

2009-11117

Columbia Home Loans, LLC, etc., appellant,

v Irshad Khan, respondent.

(Index No. 21022/08)

DECISION & ORDER ON MOTION

Appeal by Columbia Home Loans, LLC, from an order of the Supreme Court, Queens County, dated September 28, 2009. By order to show cause dated October 20, 2010, counsel for the parties were directed to show cause why an order should or should not be made and entered dismissing the appeal on the ground that the action had been settled but the appellant had not submitted a motion or application withdrawing the appeal.

Upon the order to show cause and the papers filed in response thereto, it is

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

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until January 10, 2011, and the respondent's brief must be served and filed on or before that date.

SKELOS, J.P., DICKERSON, ENG and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court