| Hudson City Savings Bank v Berry |
| Motion No: 2016-10251 |
| Slip Opinion No: 2017 NY Slip Op 87617(U) |
| Decided on October 2, 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
M238579
E/sl
REINALDO E. RIVERA, J.P.
CHERYL E. CHAMBERS
COLLEEN D. DUFFY
ANGELA G. IANNACCI, JJ.
|
2016-10251 Hudson City Savings Bank, respondent, v David Berry, et al., appellants, et al., defendants. (Index No. 5207/12)
| DECISION & ORDER ON MOTION |
Motion by the appellants pro se on an appeal from a judgment of the Supreme Court, Dutchess County, dated August 18, 2016 , to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Separate motion by the respondent to dismiss the appeal on the ground of res judicata. 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 motions and the application, and the papers filed in opposition thereto, it is
ORDERED that the appellants' motion is granted; and it is further,
ORDERED that the respondent's 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 application is granted, the respondent's time to serve and file a brief is enlarged until November 1, 2017, and the respondent's brief shall be served and filed on or before that date.
RIVERA, J.P., CHAMBERS, DUFFY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court