| U.S. Bank National Association v Cooper |
| Motion No: 2018-12843 |
| Slip Opinion No: 2018 NY Slip Op 91138(U) |
| Decided on December 14, 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
M258281
E/afa
JOHN M. LEVENTHAL, J.P.
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER, JJ.
|
2018-12843 U.S. Bank National Association, respondent, v David Cooper, appellant, et al., defendants. (Index No. 15248/11)
| DECISION & ORDER ON MOTION |
Motion by the appellant to stay the respondent or anyone acting on its behalf from selling, transferring, or encumbering any interest in the subject premises, pending hearing and determination of an appeal from an order of the Supreme Court, Queens County, dated March 14, 2018. Separate motion by the respondent to dismiss the appeal as untimely taken and for an award of costs and an attorney's fee, and to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the appellant's motion is denied; and it is further
ORDERED that the branch of the motion which is to extend the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until January 14, 2019, and the respondent's brief shall be served and filed on or before that date; and it is further
ORDERED that the respondent's motion is otherwise denied.
LEVENTHAL, J.P., DUFFY, CONNOLLY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court