Citimortgage, Inc. v Simon
Motion No: 2014-02935
Slip Opinion No: 2015 NY Slip Op 67105(U)
Decided on March 16, 2015
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

M188369

T/ct

PETER B. SKELOS, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2014-02935

Citimortgage, Inc., appellant-respondent,

v Randolph Simon, also known as

Randolf R.A. Simon, et al., respondents-

appellants, et al., defendants.

(Index No.11002/11)

DECISION & ORDER ON MOTION

Motion by the respondents-appellants to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, dated December 19, 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 on the Court's own motion, the appeal by the appellant-respondent is dismissed, without costs or disbursements, for failure to perfect in accordance with the rules (see 22 NYCRR 670.8[e]) and prior orders of this Court; and it is further,

ORDERED that the motion is granted, the respondents-appellants' time to perfect its appeal is enlarged until April 13, 2015, and the record or appendix on the appeal and the respondents-appellants' 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.

SKELOS, J.P., LEVENTHAL, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court