U.S. Bank, N.A. v Kahn Property Owner, LLC
Motion No: 2019-11613
Slip Opinion No: 2020 NY Slip Op 68806(U)
Decided on July 17, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M271891

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

PAUL WOOTEN, JJ.

2019-11613

U.S. Bank, N.A., etc., plaintiff-respondent,

v Kahn Property Owner, LLC, et al., defendants

third-party plaintiffs-appellants, et al., defendants;

LNR Partners, LLC, third-party defendants-responde

(Index No. 609493/2016)

DECISION & ORDER ON MOTION




nts.

Appeal from an order of the Supreme Court, Suffolk County, dated September 4, 2019. Motion by the third-party defendants-respondents, inter alia, to dismiss the appeal on the ground that the order dated September 4, 2019, was superseded by an order of the same court dated February 14, 2020, or, in the alternative, to extend the time to serve and file a brief.

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 to extend the third-party defendants-respondents' time to serve and file a brief is granted, the third-party defendants-respondents' time to serve and file a brief via NYSCEF is extended until August 26, 2020, and the third-party defendants-respondents' shall file an original and five hard copies of the brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., ROMAN, HINDS-RADIX and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court