| Aurora Loan Services LLC v Diakite |
| Motion No: 2015-07145 |
| Slip Opinion No: 2016 NY Slip Op 61727(U) |
| Decided on January 21, 2016 |
| 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. |
Appellate Division: Second Judicial Department
M205077
E/sl
RUTH C. BALKIN, J.P.
THOMAS A. DICKERSON
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
|
2015-07145 Aurora Loan Services, LLC, appellant, v Amadou Diakite, respondent. (Index No. 17949/09)
| DECISION & ORDER ON MOTION |
Appeal by the plaintiff from an order of the Supreme Court, Kings County, dated December 19, 2014. By order to show cause dated November 25, 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 on the ground that the order dated December 19, 2014, is not appealable as of right, and leave to appeal had not been granted.
Now, upon the order to show cause and the papers filed in response thereto, it is
ORDERED that the motion to dismiss the appeal is denied; and it is further,
ORDERED that on the Court's own motion, the notice of appeal is deemed to be an application for leave to appeal and leave to appeal is granted; and it is further,
ORDERED that on the Court's own motion, the appellant's time to perfect the appeal is enlarged until March 21, 2016, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
BALKIN, J.P., DICKERSON, AUSTIN and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court