| CIT Bank, N.A. v Whitley |
| Motion No: 2019-00550 |
| Slip Opinion No: 2019 NY Slip Op 69192(U) |
| Decided on April 30, 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. |
Appellate Division: Second Judicial Department
M262354
E/mm
REINALDO E. RIVERA, J.P.
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
|
2019-00550 CIT Bank, N.A., respondent, v Nancy Whitley, etc., appellant, et al., defendants. (Index No. 620831/16)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, entered October 30, 2018, as untimely taken. Cross motion by the appellant to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the cross motion is denied as premature as the time to perfect the appeal does not expire until July 8, 2019.
RIVERA, J.P., DUFFY, CONNOLLY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court