| Emigrant Bank v Wade |
| Motion No: 2016-09963 |
| Slip Opinion No: 2018 NY Slip Op 84186(U) |
| Decided on September 21, 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
M255578
E/sl
JOHN M. LEVENTHAL, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
BETSY BARROS, JJ.
|
2016-09963, 2018-02708 Emigrant Bank, etc., respondent, v Richard P. Wade, appellant, et al., defendants. (Index No. 14599/13)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from an order of the Supreme Court, Kings County, dated June 20, 2016, and a judgment of the same court dated December 5, 2017, to deem the brief filed in response to the appeal from the order to be also filed in response to the appeal from judgment, or, in the alternative, to enlarge the time to serve and file a brief in opposition to the consolidated appeals.
Upon the papers filed in support of the motion no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to deem the respondent's brief filed in response to the appeal from the order to be also filed in response to the appeal from judgment is denied as unnecessary in light of the decision and order on motion of this Court dated July 2, 2018, which granted that relief; and it is further,
ORDERED that the motion is otherwise denied.
LEVENTHAL, J.P., AUSTIN, COHEN and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court