Mathieu v Deseide
Motion No: 2017-08332
Slip Opinion No: 2018 NY Slip Op 87961(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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M257179

E/afa

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

ANGELA G. IANNACCI, JJ.

2017-08332

Marie Felix Mathieu, etc., appellant,

v Araland Deseide, et al., respondents.

(Index No. 3782/16)

DECISION & ORDER ON MOTION

Motion by the respondent Bank of America, National Association, to dismiss an appeal from an order of the Supreme Court, Nassau County, entered June 21, 2017, 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 motion by the respondent Bank of America, National Association, 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