| Deutsche Bank Trust Company Americas v Cox |
| Motion No: 2017-12948 |
| Slip Opinion No: 2018 NY Slip Op 79179(U) |
| Decided on August 1, 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. |
Appellate Division: Second Judicial Department
M253237
T/rr
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
SANDRA L. SGROI
JOSEPH J. MALTESE, JJ.
|
2017-12948 Deutsche Bank Trust Company Americas, etc., respondent, v Anthony C. Cox, appellant, et al., defendants. (Index No. 700986/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated May 9, 2017, as untimely taken. Cross motion by the appellant pursuant to CPLR 5520(a) to deem the notice of appeal, which was timely served, to be timely filed, and to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the cross motion is granted, the notice of appeal, which was timely served, is deemed timely filed (see CPLR 5520[a]), the appellant's time to perfect the appeal is enlarged until August 27, 2018, and the record or appendix on the appeal and the appellant's brief must be served and filed on or before that date; and it is further,
ORDERED that no further enlargement of time shall be granted; and it is further,
ORDERED that the motion is denied.
BALKIN, J.P., ROMAN, SGROI and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court