Appellate Division: Second Judicial Department

M214590

E/sl

THOMAS A. DICKERSON, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

BETSY BARROS, JJ.

2015-11460 Excel Capital Group Corp., respondent, v 225 Ross Street Realty, Inc., appellant, et al., defendants. (Index No. 1732/14)

DECISION & ORDER ON MOTION

Application by the appellant 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 October 2, 2015. By order to show cause dated May 31, 2016, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that the order dated October 2, 2015, was entered upon the default of the appellant.

Now, upon the order to show cause and the papers filed in response thereto, and 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 the motion to dismiss the appeal is denied; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until September 9, 2016, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.

DICKERSON, J.P., MILLER, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court