Appellate Division: Second Judicial Department

M214086

S/sl

RANDALL T. ENG, P.J.

SHERI S. ROMAN

HECTOR D. LASALLE

BETSY BARROS, JJ.

2015-11067 US Bank National Association, etc., respondent, v John Coppola, appellant, et al., defendants. (Index No. 23598/11)

DECISION & ORDER ON MOTION

Application by the respondent to withdraw its motion to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 30, 2015, as untimely taken, and to enlarge its time to serve and file a brief. By decision and order on motion of this Court dated June 2, 2016, the matter was remitted to the Supreme Court, Queens County, to hear and report on the issue of whether the order dated June 30, 2015, was served upon the appellant's counsel by the respondent's counsel with notice of entry, and, if so, when service was effected, and the motion to dismiss the appeal was held in abeyance in the interim.

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 decision and order on motion of this Court dated June 2, 2016, is recalled and vacated; and it is further,

ORDERED that the application is granted, the motion to dismiss the appeal is deemed withdrawn, the respondent's time to serve and file a brief is enlarged until August 25, 2016, and the respondent's brief shall be served and filed on or before that date.

ENG, P.J., ROMAN, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court