| Deutsche Bank National Trust Company v Dixon |
| Motion No: 2009-08583 |
| Slip Opinion No: 2011 NY Slip Op 61581(U) |
| Decided on January 18, 2011 |
| 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. |
Appellate Division: Second Judicial Department
M114137
E/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
|
2009-08583 Deutsche Bank National Trust Company, etc., respondent, v Eldon Dixon, defendant, Patrick Hollingsworth, Jr., appellant. (Index No. 19036/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, entered July 6, 2009, pursuant to CPLR 5513, 5515, and 5526, to impose a sanction upon the appellant, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is
ORDERED that the branches of the motion which are to dismiss the appeal and to impose a sanction upon the appellant are denied; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until March 4, 2011, and the respondent's brief must be served and filed on or before that date.
We note that future papers served upon the respondent shall be served upon the respondent's attorney Frankel, Lambert, Weiss, Weisman, and Gordon, LLP, at 20 West Main Street, Bay Shore, New York, 11706.
RIVERA, J.P., LEVENTHAL, SGROI and MILLER, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court