| Wachovia Mortgage, FSB v Odums |
| Motion No: 2011-01992 |
| Slip Opinion No: 2012 NY Slip Op 61337(U) |
| Decided on January 17, 2012 |
| 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
M131662
E/ct
RUTH C. BALKIN, J.P.
JOHN M. LEVENTHAL
SHERI S. ROMAN
SANDRA L. SGROI, JJ.
|
2011-01992 Wachovia Mortgage, FSB, etc., respondent, v Marvin Odums III, etc., appellant, et al., defendant. (Index No. 18711/09)
| DECISION & ORDER ON MOTION |
Motion by the appellant to reinstate an appeal from an order of the Supreme Court, Kings County, dated October 13, 2010, to enlarge the time to perfect the appeal, and to waive the filing fee for perfecting the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to reinstate the appeal is denied as unnecessary as the appeal has not been dismissed; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until February 17, 2012, and the record or appendix on appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the branch of the motion which is to waive the filing fee for perfecting the appeal is denied .
BALKIN, J.P., LEVENTHAL, ROMAN and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court