DK Gates Homes, LLC v HSBC Bank USA, N.A.
Motion No: 2018-07389
Slip Opinion No: 2019 NY Slip Op 67815(U)
Decided on April 12, 2019
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

M261898

E/mm

CHERYL E. CHAMBERS, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

ANGELA G. IANNACCI, JJ.

2018-07389

DK Gates Homes, LLC, appellant,

v HSBC Bank USA, N.A., respondent.

(Index No. 506136/14)

DECISION & ORDER ON MOTION

Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of an appeal from an order of the Supreme Court, Kings County, dated April 17, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and to extend the time to perfect the appeal.

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

ORDERED that the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, the appellant's time to perfect the appeal is extended until May 13, 2019, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.

CHAMBERS, J.P., AUSTIN, ROMAN and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court