Appellate Division: Second Judicial Department

M203623

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

SHERI S. ROMAN

COLLEEN D. DUFFY, JJ.

2015-06620 U.S. Bank National Association, etc., respondent, v Charles Passaggio, et al., appellants, et al., defendants. (Index No. 9493/11)

DECISION & ORDER ON MOTION

Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Queens County, entered February 26, 2015. By order to show cause dated November 6, 2015, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action on the ground that no appeal lies from an order entered upon the default of an appealing party, and the application was held in abeyance in the interim.

Now, upon the order to show cause and the papers filed in response 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 motion to dismiss the appeal is denied; and it is further,

ORDERED that the application is granted, the appellants' time to perfect the appeal is enlarged until February 22, 2016, and the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date.

RIVERA, J.P., DILLON, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court