| US Bank v Merzius |
| Motion No: 2018-00771 |
| Slip Opinion No: 2018 NY Slip Op 82958(U) |
| Decided on September 10, 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
M255031
E/mm
MARK C. DILLON, J.P.
COLLEEN D. DUFFY
HECTOR D. LASALLE
BETSY BARROS, JJ.
|
2018-00771 US Bank, respondent, v Jairzinho Merzius, appellant, et al., defendants. (Index No. 22267/07)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated September 27, 2017, for failure to timely perfect. Application by the appellant to enlarge the time to perfect the appeal.
Upon the papers filed in support of the motion and the application, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted, the appellant's time to perfect the appeal is enlarged until October 10, 2018, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.
DILLON, J.P., DUFFY, LASALLE and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court