Flushing Bank, formerly known as Flushing Savings Bank
Motion No: 2016-00417
Slip Opinion No: 2016 NY Slip Op 86613(U)
Decided on September 26, 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

M218765

E/sl

MARK C. DILLON, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2016-00417

Flushing Bank, formerly known as Flushing

Savings Bank, appellant, v Yvanne A.

Daniel, respondent.

(Index No. 4295/12)

DECISION & ORDER ON MOTION

Appeal by Flushing Bank, formerly known as Flushing Savings Bank, from an order of the Supreme Court, Nassau County, dated December 1, 2015. By order to show cause dated August 12, 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 in the above-entitled action, on the ground that the appeal had been rendered academic by an order of the same court dated June 22, 2016.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until October 26, 2016, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court