| Matter of New York State Commissioner of Taxation and Fin |
| Motion No: 2012-05150 |
| Slip Opinion No: 2013 NY Slip Op 95156(U) |
| Decided on December 26, 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
M167339
E/sl
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
L. PRISCILLA HALL
PLUMMER E. LOTT, JJ.
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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, inter alia, to reinstate appeals from two orders of the Supreme Court, Nassau County, dated November 1, 2011, and March 19, 2012, respectively, which were dismissed by decision and order on motion of this Court dated September 9, 2013, and to enlarge the time to perfect an appeal from an order of the same court dated March 7, 2013.
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 reinstate the appeals from the orders dated November 1, 2011, and March 19, 2012, is denied; 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 January 31, 2014, and the record or appendix on that appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
ENG, P.J., RIVERA, HALL and LOTT, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court