Matter of New York State Commissioner of Taxation and Fin
Motion No: 2012-05150
Slip Opinion No: 2014 NY Slip Op 72134(U)
Decided on May 13, 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

M173825

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 Commiss

of Taxation and Finance, petitioner-respon

v Capital One, N.A., respondent, J. David

appellant.

(Index No. 11548/11)

DECISION & ORDER ON MOTION

ioner
dent,
Golub,

Motion by the appellant, inter alia, in effect, 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 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 June 26, 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 no further enlargement of time shall be granted; 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