| Bank of New York v Castillo |
| Motion No: 2012-05122 |
| Slip Opinion No: 2013 NY Slip Op 67400(U) |
| Decided on March 14, 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
M152947
E/sl
MARK C. DILLON, J.P.
RUTH C. BALKIN
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
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2012-05122 DECISION & ORDER ON MOTION Bank of New York, appellant, v William F. Castillo, respondent, et al., defendant. (Index No. 09-3034)
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Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Orange County, dated March 2, 2012, on the ground, inter alia, that the record on appeal is inadequate, for an award of costs and to impose a sanction upon the appellant, or, in the alternative, to enlarge the time to serve and file a brief.
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 enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until April 15, 2013, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., BALKIN, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court