| Bank of America, NA v Mathieu |
| Motion No: 2016-13266 |
| Slip Opinion No: 2018 NY Slip Op 87951(U) |
| Decided on November 5, 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
M257176
E/afa
RUTH C. BALKIN, J.P.
SANDRA L. SGROI
JEFFREY A. COHEN
ANGELA G. IANNACCI, JJ.
|
2016-13266 Bank of America, NA, respondent, v Marie Mathieu, appellant, et al., defendants. (Index No. 19975/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered October 20, 2016, for failure to timely perfect. Separate motion by the appellant to extend the time to perfect the appeal, and for an award of costs and an attorney's fee.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the respondent's motion is denied; and it is further,
ORDERED that the branch of the appellant's motion which is to extend the time to perfect the appeal is granted, the appellant's time to perfect the appeal is extended until December 6, 2018, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date; and it is further,
ORDERED that no further extension of time shall be granted; and it is further,
ORDERED that the appellant's motion is otherwise denied.
BALKIN, J.P., SGROI, COHEN and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court