Appellate Division: Second Judicial Department

M265227

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2019-01908 HSBC Bank USA, National Association, etc., respondent, v Nissan Arapian, et al., appellants, et al., defendants. (Index No. 10159/12)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated June 8, 2018, on the ground that review of any issue to be raised on the appeal is precluded by the dismissal of a prior appeal for failure to timely perfect. Application by the appellant pursuant to 22 NYCRR 1250.9(g)(1) 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, and upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the motion is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the application is granted, the appellant's time to perfect the appeal is extended until October 16, 2019, and the record or appendix and the appellant's brief shall be served and filed on or before that date.

BALKIN, J.P., LEVENTHAL, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court