Deutsche Bank v Martin
Motion No: 2014-04233
Slip Opinion No: 2014 NY Slip Op 86857(U)
Decided on October 17, 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

M181462

E/sl

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2014-04233

Deutsche Bank, appellant-respondent,

v Eugene Martin, respondent-appellant,

et al., defendants.

(Index No. 917/08)

DECISION & ORDER ON MOTION

Motion by Eugene Martin pursuant to CPLR 5520(a) to extend the time to file a notice of cross appeal from an order of the Supreme Court, Kings County, dated February 5, 2014, which was timely served. Application by Eugene Martin pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

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

ORDERED that the motion is granted, and on or before November 17, 2014, the appellant shall file the notice of cross appeal in the office of the clerk of the Supreme Court, Kings County (see CPLR 5520[a]); and it is further,

ORDERED that the application is granted, and Eugene Martin shall serve and file an answering brief, including his points of argument on the cross appeal, as well as proof of payment of his share of the cost of the joint record, on or before November 17, 2014 (see 22 NYCRR 670.8[c][1], [3]).

SKELOS, J.P., DICKERSON, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court