Wachovia Bank, N.A. v Swenton
Motion No: 2013-10868
Slip Opinion No: 2014 NY Slip Op 66745(U)
Decided on March 18, 2014
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M171124

E/sl

THOMAS A. DICKERSON, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2013-10868

Wachovia Bank, N.A., etc., respondent,

v Katherine Swenton, et al., defendants;

Marie Christine Sotomayor also known as

Mary Conlon, nonparty-appellant.

(Index No. 15665/07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated March 28, 2013, as untimely taken. Application by the nonparty-appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition 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 the motion is denied; and it is further,

ORDERED that the application is granted, the nonparty-appellant's time to perfect the appeal is enlarged until May 16, 2014, and the record or appendix on the appeal and the nonparty-appellant's brief must be served and filed on or before that date.

DICKERSON, J.P., HALL, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court