Matter of Mammolito v J.P. Morgan Chase Bank
Motion No: 2015-05844
Slip Opinion No: 2015 NY Slip Op 92413(U)
Decided on December 3, 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

M202483

E/sl

CHERYL E. CHAMBERS, J.P.

SANDRA L. SGROI

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2015-05844

In the Matter of Thomas Mammolito, petitioner-

respondent, v J.P. Morgan Chase Bank, et al.,

respondents; Arthur Schwartz, nonparty-appellant.

(Index No. 18081/14)

DECISION & ORDER ON MOTION

Motion by the petitioner-respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated January 20, 2015, as untimely taken, or, in the alternative, to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the petitioner-respondent's time to serve and file a brief is granted, the petitioner-respondent's time to serve and file a brief is enlarged until January 4, 2016, and the petitioner-respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., SGROI, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court