Lehman Brothers Bank v Hickson
Motion No: 2017-05031
Slip Opinion No: 2018 NY Slip Op 81091(U)
Decided on August 22, 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

M254354

E/sl

MARK C. DILLON, J.P.

SANDRA L. SGROI

JOSEPH J. MALTESE

FRANCESCA E. CONNOLLY, JJ.

2017-05031

Lehman Brothers Bank, plaintiff, v Cassandra

Hickson, et al., respondents, et al., defendant;

VVSI Corp., nonparty-appellant.

(Index No. 29272/07)

DECISION & ORDER ON MOTION

Motion by the respondent Cassandra Hickson, inter alia, to dismiss an appeal from an order of the Supreme Court, Kings County, dated April 24, 2017, on the ground that the appellant's brief refers to matter dehors the record and improperly raises arguments for the first time on appeal 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 the branch of the motion which is to enlarge the time of the respondent Cassandra Hickson to serve and file a brief is granted, the time of the respondent Cassandra Hickson to serve and file a brief is enlarged until September 20, 2018, and the brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., SGROI, MALTESE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court