| THE BANK OF NEW YORK MELLON, FORMERLY KNOWN AS THE BANK OF NEW YORK AS SUCCESSOR TRUSTEE FOR JPMORGAN CHASE BANK, N.A. |
| Motion No: CA 18-01110 |
| Slip Opinion No: 2018 NY Slip Op 87632(U) |
| Decided on October 29, 2018 |
| Appellate Division, Fourth 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. |
PRESENT: WHALEN, P.J., SMITH, DEJOSEPH, CURRAN AND WINSLOW, JJ.
DOCKET NO. CA 18-01110
| THE BANK OF NEW YORK MELLON, FORMERLY KNOWN AS THE BANK OF NEW
YORK AS SUCCESSOR TRUSTEE FOR JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATE HOLDERS OF EQUITY ONE ABS, INC.
MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2004-3, PLAINTIFF-RESPONDENT, V JAMES C. SIMMONS,
DEFENDANT-APPELLANT. PEOPLE OF THE STATE OF NEW YORK, ET AL., DEFENDANTS. |
Respondent having moved for an extension of time to file and serve a brief on the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Erie on August 31, 2017,
Now, upon reading and filing the affidavit of Patrick G. Broderick, Esq., sworn to October 16, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted on the condition that the brief is filed and served on or before November 5, 2018, and the Clerk is directed to accept the brief for filing.
Entered: October 29, 2018
Mark W. Bennett, Clerk