U.S. Bank, National Association v Shahzad
Motion No: 2017-09906
Slip Opinion No: 2018 NY Slip Op 70660(U)
Decided on April 26, 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

M249296

E/afa

SHERI S. ROMAN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2017-09906

U.S. Bank, National Association, etc.,

respondent, v Shakeel Shahzad, appellant,

et al., defendants.

(Index No. 2447/10)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 22, 2017, as untimely taken, on the ground that it is without merit, and on the ground that consideration of the issues presented by the appeal are precluded by the dismissal of two prior related appeals. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) 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 application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until June 25, 2018, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.

ROMAN, J.P., COHEN, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court