| US Bank v Javier |
| Motion No: 2019-02772 |
| Slip Opinion No: 2019 NY Slip Op 80355(U) |
| Decided on September 25, 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
M266123
E/sl
MARK C. DILLON, J.P.
JOSEPH J. MALTESE
COLLEEN D. DUFFY
BETSY BARROS, JJ.
|
2019-02772 US Bank, appellant, v Junior Javier, respondent, et al., defendants. (Index No. 12815/10)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated December 13, 2018, on the ground that no appeal lies from an order denying reargument. Application by the appellant pursuant to 22 NYCRR 1250.9(b) to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation 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 November 25, 2019, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date.
DILLON, J.P., MALTESE, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court