| Matter of Neiss, also known as Niss v Asia |
| Motion No: 2017-01733 |
| Slip Opinion No: 2017 NY Slip Op 93142(U) |
| Decided on November 22, 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
M241712
E/ct
REINALDO E. RIVERA, J.P.
JEFFREY A. COHEN
ROBERT J. MILLER
BETSY BARROS, JJ.
|
2017-01733 In the Matter of Yecheskel Neiss, also known as Yecjskel Niss, etc., et al., respondents, v Joseph Asia, appellant. (Index No. 12113/15)
| DECISION & ORDER ON MOTION |
Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect an appeal from an order of the Supreme Court, Kings County, dated November 17, 2016. By order to show cause September 6, 2017, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal on the ground that no appeal lies as of right from an order that was not the result of a motion made on notice and leave to appeal had not been granted.
Now, upon the order to show cause and the papers filed in response 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 to dismiss the appeal is denied; and it is further,
ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until January 22, 2018, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.
RIVERA, J.P., COHEN, MILLER and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court