Appellate Division: Second Judicial Department

M252113

E/afa

REINALDO E. RIVERA, J.P.

CHERYL E. CHAMBERS

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2017-05274 HSBC, appellant, v Charles Lev, respondent, et al., defendants. (Index No. 504810/15)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 22, 2017, as untimely taken and on the ground that dismissal of a prior appeal for failure to timely perfect precludes consideration of the issues raised on this appeal pursuant to Bray v Cox (38 NY2d 350), 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 on the Court's own motion, the notice of appeal, which was timely served, is deemed timely filed (see CPLR 5520[a]); and it is further,

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 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 August 6, 2018, and the respondent's brief shall be served and filed on or before that date.

RIVERA, J.P., CHAMBERS, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court