| Citibank (South Dakota) N.A. v Lowenbein |
| Motion No: 2012-00414 |
| Slip Opinion No: 2012 NY Slip Op 78299(U) |
| Decided on July 10, 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
M140176
E/sl
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
|
2012-00414 Citibank (South Dakota) N.A., plaintiff, v Shmuel A. Lowenbein, appellant. (Index No. 26628/10)
| DECISION & ORDER ON MOTION |
Motion by Citibank (South Dakota) N.A. to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 23, 2011, for failure to properly serve it with the notice of appeal. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is dismissed as Citibank (South Dakota) N.A. is not a respondent on the appeal; and it is further,
ORDERED that the appellant is directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the appellant is not aggrieved by the order dated March 23, 2011 (see CPLR 5511), by filing an affirmation or affidavit on that issue in the office of the Clerk of this Court on or before August 9, 2012; and it is further,
ORDERED that the application is held in abeyance in the interim; and it is further,
ORDERED that the Clerk of this Court, or her designee, is directed to serve a copy of this decision and order on motion upon the appellant, by regular mail.
DILLON, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court