Appellate Division: Second Judicial Department

M233484

E/sl

JOHN M. LEVENTHAL, J.P.

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2016-05524 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 April 8, 2016, on the ground that the right of direct appeal terminated upon entry of a judgment dated January 12, 2017, in the above-entitled action. Cross motion by the appellant, inter alia, to impose a sanction upon the respondent and its counsel, and to preclude the respondent from filing a brief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the cross 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 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 cross motion is denied; and it is further,

ORDERED that the application 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court