| Onewest Bank, FSB v Weaver |
| Motion No: 2016-06564 |
| Slip Opinion No: 2017 NY Slip Op 78247(U) |
| Decided on June 26, 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
M233485
E/sl
JOHN M. LEVENTHAL, J.P.
HECTOR D. LASALLE
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER, JJ.
|
2016-06564 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 27, 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.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition 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 on the Court's own motion, 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