| Fia Card Servs., N.A. v Michael Gruen |
| Motion No: 2017-00973 KC |
| Slip Opinion No: 2017 NY Slip Op 82877(U) |
| Decided on August 4, 2017 |
| Appellate Term, 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. |
of the State of New York for the 2nd, 11th & 13th judicial Districts
MICHAEL L. PESCE, P.J.
THOMAS P. ALIOTTA
MARTIN M. SOLOMON, JJ.
DECISION & ORDER ON MOTION
| Fia Card Services, N.A., Plaintiff, v Michael Gruen, Defendant. |
Motion by plaintiff for leave to appeal to this court from an order of the Civil Court of the City of New York, Kings County, entered April 27, 2017. The order granted defendant's motion to vacate a default judgment of the same court entered January 18, 2011. Separate motion by defendant for an enlargement of time to serve and file papers in opposition to plaintiff's motion.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that plaintiff's motion and defendant's motion are consolidated for purposes of disposition; and it is further,
ORDERED that defendant's motion is granted and defendant's opposition papers are deemed timely and served and filed; and it is further,
ORDERED that plaintiff's motion is denied as unnecessary (see CCA 1702 [a] [2]).
ENTER:
Paul Kenny
Chief Clerk