| US Bank National Association v Charlot |
| Motion No: 2016-10879 |
| Slip Opinion No: 2017 NY Slip Op 73881(U) |
| Decided on May 15, 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
M230972
E/afa
RANDALL T. ENG, P.J.
MARK C. DILLON
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, JJ.
|
2016-10879 US Bank National Association, appellant, v Jacques Charlot, et al., respondents, et al., defendants. (Index No. 940/08)
| DECISION & ORDER ON MOTION |
Motion by the respondents Exilhomme Clerger and Clotilde Lourole for leave to reargue their prior motion to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 12, 2016, as untimely taken, which was determined by decision and order on motion of this Court dated February 7, 2017, or, in the alternative, for leave to appeal to the Court of Appeals from the decision and order of this Court. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the 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 no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until July 14, 2017, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.
ENG, P.J., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court