Mie-ChenTseng v Hua Xue Xu
Motion No: 2013-09622
Slip Opinion No: 2014 NY Slip Op 73591(U)
Decided on June 2, 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

M174852

E/ct

PETER B. SKELOS, J.P.

CHERYL E. CHAMBERS

COLLEEN D. DUFFY

HECTOR D. LASALLE, JJ.

2013-09622

Mie-ChanTseng, appellant,

v Hua Xue Xu, et al., respondents.

(Index No. 10539/10)

DECISION & ORDER ON MOTION

Separate motions by the respondent Hua Xue Xu and the respondent Raymond J. Samodulski to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered August 28, 2013, on the ground that it is barred by the doctrine of laches. Application by the 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 motions 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 motions are denied; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until August 4, 2014, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

SKELOS, J.P., CHAMBERS, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court