| Deutsche Bank National Trust Company, as trustee for HSA Asset Securit |
| Motion No: 2016-10067 |
| Slip Opinion No: 2017 NY Slip Op 87040(U) |
| Decided on September 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
M238324
E/afaJOHN M. LEVENTHAL, J.P.
BETSY BARROS
VALERIE BRATHWAITE NELSON
LINDA CHRISTOPHER, JJ.
|
2016-10067 Deutsche Bank National Trust Company, as trustee for HSA Asset Securitization Corp. Trust 2007-NCI, respondent, v Walter Heitner, Jr., appellant, et al., defendants. (Index No. 26768/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered September 9, 2015, on the ground that no appeal lies from an order denying reargument. 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 October 26, 2017, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.
LEVENTHAL, J.P., BARROS, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court