Abushihadeh v Bravo
Motion No: 2015-05410
Slip Opinion No: 2016 NY Slip Op 63556(U)
Decided on February 8, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M206020

E/sl

RANDALL T. ENG, P.J.

SANDRA L. SGROI

ROBERT J. MILLER

HECTOR D. LASALLE, JJ.

2015-05410

Ola Ali Abushihadeh, respondent,

v Jesus E. Bravo, et al., appellants.

(Index No. 16594/11)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 1, 2015, on the ground that no appeal lies from an order entered upon the default of an appealing party, or, in the alternative, to enlarge the time to serve and file a brief, and for an award of costs.

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

ORDERED that the branches of the motion which are to dismiss the appeal and for an award of costs are denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until March 9, 2016, and the respondent's brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court