| Wilmington Trust Company v Buscemi |
| Motion No: 2019-04025 |
| Slip Opinion No: 2020 NY Slip Op 64733(U) |
| Decided on March 13, 2020 |
| 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
M270309
kbp/
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
CHERYL E. CHAMBERS
JEFFREY A. COHEN, JJ.
|
2019-04025 Wilmington Trust Company, etc., respondent, v Michele Buscemi, etc., appellant, et al., defendant. (Index No. 612094/17)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, entered February 6, 2019, on the grounds that no appeal lies from an order and judgment entered upon the default of the appealing party and no appeal lies from so much of an order and judgment as brings up for review an order denying reargument, 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 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, the respondent's time to serve and file a brief is extended until April 13, 2020, and the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that no further extension of time shall be granted.
RIVERA, J.P., BALKIN, CHAMBERS and COHEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court