Bank of New York v Espejo
Motion No: 2011-00631
Slip Opinion No: 2011 NY Slip Op 85885(U)
Decided on October 6, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M126928

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

RANDALL T. ENG

JEFFREY A. COHEN, JJ.

2011-00631

Bank of New York, respondent, v Jose Luis

Espejo, et al., appellants, et al., defendants.

(Index No. 8843/07)

DECISION & ORDER ON MOTION

Motion by the appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated September 17, 2010. Cross motion by the respondent to dismiss the appeal for failure to timely perfect.

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

ORDERED that the motion is granted, the appellants' time to perfect the appeal is enlarged until October 20, 2011, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date; and it is further,

ORDERED that the cross motion is denied.

DILLON, J.P., BALKIN, ENG and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court