Bank of New York Mellon v Wallberg
Motion No: 2017-00434
Slip Opinion No: 2018 NY Slip Op 63966(U)
Decided on February 14, 2018
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M246091

E/afa

REINALDO E. RIVERA, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2017-00434

Bank of New York Mellon, etc., respondent,

v Jeffrey H. Wallberg, et al., appellants, et al.,

defendant.

(Index No. 69846/12)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Westchester County, entered November 18, 2016, for failure to timely perfect. Cross motion by the appellants 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 cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the cross motion is granted, the appellants' time to perfect the appeal is enlarged until March 16, 2018, and the record or appendix on the appeal and the appellants' brief shall be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the motion is denied.

RIVERA, J.P., MILLER, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court