US Bank National Association v Kates
Motion No: 2017-08872
Slip Opinion No: 2018 NY Slip Op 74420(U)
Decided on June 7, 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

M251061

E/sl

JOHN M. LEVENTHAL, J.P.

JEFFREY A. COHEN

HECTOR D. LASALLE

LINDA CHRISTOPHER, JJ.

2017-08872

US Bank National Association, respondent,

v Angelina Kates, et al., appellants, et al.,

defendants.

(Index No. 4490/12)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered May 24, 2017, as untimely taken, or, in the alternative, to enlarge the record to include certain documents and to enlarge the time to serve and file a brief. Separate application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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 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 branch of the motion which is to enlarge the respondent's time to serve and file a brief and the application for the relief are granted, the respondent's time to serve and file a brief is enlarged until July 9, 2018, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

LEVENTHAL, J.P., COHEN, LASALLE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court