| Bank of New York v Dutan |
| Motion No: 2017-11405 |
| Slip Opinion No: 2021 NY Slip Op 60332(U) |
| Decided on January 13, 2021 |
| 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
M275001
E/sl
LEONARD B. AUSTIN, J.P.
BETSY BARROS
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
|
2017-11405 Bank of New York, etc., respondent, v Segundo A. Dutan, appellant, et al., defendants. (Index No. 13739/2009)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Queens County, entered February 23, 2017. Motion by the respondent to dismiss the appeal on the ground that the appellant's appendix is inadequate or, in the alternative, to extend the time to serve and file a brief and appendix.
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 motion is denied without prejudice to renew upon proper papers, including proof of service upon the appellant of a notice pursuant to CPLR 321(c) to appoint another attorney, if appropriate.
AUSTIN, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court