Appellate Division: Second Judicial Department

M250469

E/sl

ALAN D. SCHEINKMAN, P.J.

RUTH C. BALKIN

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2017-04213 Bank of New York Mellon, etc., appellant, v Akbar Alli, respondent, et al., defendants. (Index No. 706787/15)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated February 8, 2017, on the ground that no appeal lies from an order entered upon the default of an appealing party or, in the alternative, to strike stated portions of the appellant's brief on the ground that they improperly raise issues for the first time on appeal and 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 denied; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the appellant's brief on the ground that they improperly raise issues for the first time on 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 June 22, 2018, the respondent's brief shall be served and filed on or before that date.

SCHEINKMAN, P.J., BALKIN, AUSTIN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court