| BAC Home Loans Servicing, LP v Whenner |
| Motion No: 2015-08835 |
| Slip Opinion No: 2016 NY Slip Op 63922(U) |
| Decided on February 10, 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
M206265
J/ct
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2015-08835 BAC Home Loans Servicing, LP, etc., respondent, v Carol Whenner, et al., appellants, et al., defendants (Index No. 4822/10)
| 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, Kings County, dated April 15, 2015.
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 on the Court's own motion, the appeal by the defendant Bingham Whenner is dismissed, without costs or disbursements, on the ground that he is not aggrieved by the order dated April 15, 2015; and it is further,
ORDERED that the application is granted to the extent that the time of Carol Whenner to perfect her appeal is enlarged until April 4, 2016, and the record or appendix on the appeal and the brief of Carol Whenner must be served and filed on or before that date; and it is further,
ORDERED that the application is otherwise denied as academic.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court