Everbank v Kelly
Motion No: 2018-01823
Slip Opinion No: 2018 NY Slip Op 86962(U)
Decided on October 24, 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

M256755

E/sl

REINALDO E. RIVERA, J.P.

MARK C. DILLON

CHERYL E. CHAMBERS

BETSY BARROS, JJ.

2018-01823, 2018-01824

Everbank, respondent,

v James A. Kelly, etc., et al., defendants,

Edward J. Bressler, appellant.

(Index No. 21683/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss appeals from an order of the Supreme Court, Suffolk County, dated December 18, 2017, and a judgment of the same court, dated December 18, 2017, for failure to timely perfect. Cross motion by the appellant to enlarge the time to perfect the appeals.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the cross motion is granted, the time to perfect the appeals is enlarged until November 26, 2018, and the record or appendix on the appeals and the appellant's brief shall 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.

RIVERA, J.P., DILLON, CHAMBERS and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court