Appellate Division: Second Judicial Department

M161929

E/sl

RANDALL T. ENG, P.J.

REINALDO E. RIVERA

L. PRISCILLA HALL

PLUMMER E. LOTT, JJ.

2012-05150, 2012-05153, 2013-04213 In the Matter of New York State Commissioner of Taxation and Finance, petitioner-respondent, v Capital One, N.A., respondent, J. David Golub, appellant. (Index No. 11548/11)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, to enlarge the time to perfect appeals from three orders of the Supreme Court, Nassau County, dated November 1, 2011, March 19, 2012, and March 7, 2013, respectively.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeals from the orders dated November 1, 2011, and March 19, 2012, is denied; and it is further,

ORDERED that on the Court's own motion, the appeals from the orders dated November 1, 2011, and March 19, 2012 (Appellate Division Docket Nos. 2012-05150, 2012-05153), are dismissed, without costs or disbursements, for failure to timely perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior order of this Court; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to perfect the appeal from the order dated March 7, 2013 (Appellate Division Docket No. 2013-04213), is granted,

the appellant's time to perfect that appeal is enlarged until October 25, 2013, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date.

ENG, P.J., RIVERA, HALL and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court