U.S. Bank National Association v Marte
Motion No: 2016-05999
Slip Opinion No: 2016 NY Slip Op 91284(U)
Decided on November 14, 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

M221233

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

FRANCESCA E. CONNOLLY, JJ.

2016-05999

U.S. Bank National Association, etc., respondent,

v Ana Marte, et al., appellants, et al., defendants.

(Index No. 410/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated March 31, 2016, as untimely taken. Application by the appellants pursuant to 22 NYCRR 670.8(d)(2) for a 90-day enlargement of time to perfect the appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and the papers filed in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted to the extent that the appellants' time to perfect the appeal is enlarged until January 24, 2017, the record or appendix on the appeal and the appellants' brief must be served and filed on or before that date, and the application is otherwise denied.

RIVERA, J.P., AUSTIN, ROMAN and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court