Branch Banking and Trust Company v Jacobson
Motion No: 2018-12970
Slip Opinion No: 2019 NY Slip Op 71797(U)
Decided on June 4, 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

M263216

E/mm

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

JOHN M. LEVENTHAL

HECTOR D. LASALLE, JJ.

2018-12970

Branch Banking and Trust Company, respondent,

v Yosef Yitzchak Jacobson, appellant,

et al., defendants.

(Index No. 20325/12)

DECISION & ORDER ON MOTION

2018-14555

Branch Banking and Trust Company, respondent,

v Yosef Yitzchak Jacobson, appellant,

et al., defendants.

(Index No. 20325/12)

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 August 27, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), to extend the time to perfect that appeal, and to extend the time to perfect an appeal from a judgment of the same court also dated August 27, 2018.

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 branch of the motion which is pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order dated August 27, 2018, is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the order dated August 27, 2018, is denied as academic; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal from the judgment is granted, and the appellant's time to perfect that appeal is extended until July 19, 2019.

BALKIN, J.P., CHAMBERS, LEVENTHAL and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court