CIT Bank, N.A. v Weaver
Motion No: 2017-02131
Slip Opinion No: 2018 NY Slip Op 66612(U)
Decided on March 12, 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

M247277

E/afa

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2017-02131

CIT Bank, N.A., respondent, v Everette

Weaver, appellant, et al., defendants.

(Index No. 83/14)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, in effect, to recall and vacate an order on application of this Court dated January 23, 2018, which granted the respondent's application pursuant to 22 NYCRR 670.8(d)(2) for an enlargement of time to serve and file a brief on an appeal from a judgment of the Supreme Court, Dutchess County, dated January 12, 2017, and to preclude the respondent from filing a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

BALKIN, J.P., ROMAN, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court