Appellate Division: Second Judicial Department

M233481

E/sl

JOHN M. LEVENTHAL, J.P.

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2016-02538 Onewest Bank, FSB, respondent, v Everette Weaver, appellant, et al., defendants. (Index No. 83/14)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated December 7, 2015, on the ground that the right of direct appeal terminated upon entry of a judgment dated January 12, 2017, in the above-entitled action. Separate motion by the respondent to enlarge the time to serve and file a brief. Separate cross motions by the appellant, inter alia, to impose a sanction upon the respondent and its counsel, and to preclude the respondent from filing a brief.

Upon the papers filed in support of the motions and the cross motions and the papers filed in opposition thereto, it is

ORDERED that the motion to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until July 31, 2017, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the cross motions are denied.

LEVENTHAL, J.P., LASALLE, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court