Appellate Division: Second Judicial Department

M148148

E/sl

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2012-05827 U.S. Bank National Association, appellant, v Michele Jurden, respondent, et al., defendants. (Index No. 20271/09)

DECISION & ORDER ON MOTION

Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated April 2, 2012. By order to show cause dated November 19, 2012, the parties were directed to show cause before this Court why an order should or should not be entered dismissing the appeal on the ground that the order dated April 2, 2012, is not appealable as of right (see CPLR 5701[a]), and leave to appeal has not been granted, and the application to enlarge the time to perfect the appeal was held in abeyance in the interim.

Now, upon the order to show cause, and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the order is deemed to be an application for leave to appeal and leave to appeal is granted; and it is further,

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

ORDERED that the application is granted and the appellant's time to perfect the appeal is enlarged until February 13, 2013, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

RIVERA, J.P., CHAMBERS, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court