Citimortgage, Inc. v Miller
Motion No: 2014-08831
Slip Opinion No: 2016 NY Slip Op 64304(U)
Decided on February 16, 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

M206330

E/sl

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

COLLEEN D. DUFFY, JJ.

2014-08831

Citimortgage, Inc., respondent,

v Michael S. Miller, etc., appellant,

et al., defendants.

(Index No. 22103/09)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss on an appeal from an order of the Supreme Court, Nassau County, entered March 25, 2014, on the ground that the right of direct appeal therefrom terminated based upon a judgment of the same court entered March 14, 2011, in the above-entitled action, or, in the alternative, to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

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 14, 2016, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied.

CHAMBERS, J.P., AUSTIN, SGROI and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court