| Federal National Mortgage Association v Kraus |
| Motion No: 2017-05523 |
| Slip Opinion No: 2018 NY Slip Op 66028(U) |
| Decided on March 6, 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. |
Appellate Division: Second Judicial Department
M247019
E/afa
MARK C. DILLON, J.P.
SANDRA L. SGROI
BETSY BARROS
LINDA CHRISTOPHER, JJ.
|
2017-05523 Federal National Mortgage Association, respondent, v Robert Kraus, appellant, et al., defendants. (Index No. 32422/13)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Rockland County, dated April 5, 2017, on the ground that no appeal lies from a judgment entered upon the default of the appealing party 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 appeal 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 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 April 19, 2018, and the respondent's brief shall be served and filed on or before that date.
DILLON, J.P., SGROI, BARROS and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court