| U.S. Bank National Association v Sheth |
| Motion No: 2016-04879 |
| Slip Opinion No: 2017 NY Slip Op 60578(U) |
| Decided on January 9, 2017 |
| 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
M224153
E/afa
JOHN M. LEVENTHAL, J.P.
SANDRA L. SGROI
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2016-04879 U.S. Bank National Association, etc., respondent, v Chandrakant Sheth, appellant, et al., defendants. (Index No. 17778/07)
| 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, Queens County, entered October 23, 2015. By order to show cause dated November 4, 2016, the parties to the appeal were directed to show cause why the appeal should or should not be dismissed on the ground that the order entered October 23, 2015, was entered upon the default of the appellant, and the application was held in abeyance in the interim.
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 March 10, 2017, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date.
LEVENTHAL, J.P., SGROI, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court