| Citibank, N.A. v Van Brunt Properties, LLC |
| Motion No: 2012-04885 |
| Slip Opinion No: 2013 NY Slip Op 64366(U) |
| Decided on February 13, 2013 |
| 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
M151301
E/sl
PETER B. SKELOS, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
|
2012-04885 Citibank, N.A., etc., appellants, v Van Brunt Properties, LLC, defendant, Sutter Avenue Management, LLC, respondent. (Index No. 3523/10)
| DECISION & ORDER ON MOTION |
Joint motion by the appellant and the respondent for leave to mark withdrawn an appeal from an order of the Supreme Court, Kings County, dated March 16, 2012, without prejudice to reinstating the appeal following a determination by the same court of the appellant's pending motion in the Supreme Court to renew or, in the alternative, to hold the appeal in abeyance pending determination of the appellant's motion to renew. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted and the respondents' time to serve and file a brief is enlarged until June 13, 2013, and the respondents' brief must be served and filed on or before that date.
SKELOS, J.P., LEVENTHAL, HALL and SGROI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court