| JP Morgan v Hosain |
| Motion No: 2016-11514 |
| Slip Opinion No: 2017 NY Slip Op 88398(U) |
| Decided on October 10, 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
M239141
E/sl
RUTH C. BALKIN, J.P.
JOSEPH J. MALTESE
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.
|
2016-11514, 2016-11515 JP Morgan, respondent, v Mozamel Hosain, appellant, et al., defendants. (Index No. 18306/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Kings County, both dated September 19, 2016, on the ground that the appellant is no longer a necessary party and it has moved to discontinue the action against the appellant, or, in the alternative, to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeals is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until October 20, 2017, and the respondent's brief shall be served and filed on or before that date.
BALKIN, J.P., MALTESE, BARROS and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court