| Federal National Mortgage Association v Sakizada |
| Motion No: 2015-07899 |
| Slip Opinion No: 2016 NY Slip Op 72828(U) |
| Decided on May 6, 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
M211118
E/sl
RUTH C. BALKIN, J.P.
L. PRISCILLA HALL
ROBERT J. MILLER
HECTOR D. LASALLE, JJ.
|
2015-07899 Federal National Mortgage Association, respondent, v Yaacov Sakizada, appellant, et al., defendants. (Index No. 21689/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant on an appeal from an order of the Supreme Court, Queens County, dated May 28, 2015, to amend the notice of appeal and RADI to reflect that Shapiro, Dicaro & Barack, LLP, is the respondent's attorney of record and, in effect, pursuant to CPLR 5520 to deem the notice of appeal, which was timely filed, to be timely served upon Shapiro, Dicaro & Barack, LLP, and to enlarge the time to serve the record on appeal and the appellant's brief upon that firm. Separate motion by the respondent to dismiss the appeal as untimely taken or, in the alternative, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branch of the appellant's motion which is, in effect, pursuant to CPLR 5520 to deem the notice of appeal, which was timely filed, to be timely served upon Shapiro, Dicaro & Barack, LLP, and to enlarge the time to serve the record on appeal and the appellant's brief upon that firm is granted, and on or before May 20, 2016, the appellant shall serve the record on appeal and the appellant's brief upon Shapiro, Dicaro & Barack, LLP, and file proof of service with this Court; and it is further,
ORDERED that the branch of the appellant's motion which is to amend the notice of appeal and RADI to reflect that Shapiro, Dicaro & Barack, LLP, is the respondent's attorney of record is denied as unnecessary; and it is further,
ORDERED that the branch of the respondent's motion which is to dismiss the appeal as untimely taken is denied; and it is further,
ORDERED that the branch of the respondent's motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until June 20, 2016, and the respondent's brief must be served and filed on or before that date.
BALKIN, J.P., HALL, MILLER and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court