| Elbayoumi v TD Bank, N.A. |
| Motion No: 2018-13596 |
| Slip Opinion No: 2019 NY Slip Op 79895(U) |
| Decided on September 19, 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
M265954
E/sl
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
JOHN M. LEVENTHAL
ANGELA G. IANNACCI, JJ.
|
2018-13596 Marwa Elbayoumi, respondent-appellant, v TD Bank, N.A., appellant-respondent, Mohamed Elfar, respondent, et al., defendant. (Index No. 518938/17)
| DECISION & ORDER ON MOTION |
Motion by the respondent-appellant to dismiss an appeal from an order of the Supreme Court, Kings County, dated October 30, 2018, on the ground that the portion of the order which is the subject of the appeal is not appealable as of right and leave to appeal has not been granted, or, in the alternative, 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 branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal and cross appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and the answering brief, including the points of argument on the cross appeal (see 22 NYCRR 1250.9[f][1][iv]), shall be served and filed on or before October 21, 2019.
RIVERA, J.P., AUSTIN, LEVENTHAL and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court