Capital One N.A. v Kenneth D. Laub

Motion No: M-2292

Slip Opinion No: 2020 NYSlipOp 71055(U)

Decided on September 3, 2020

Appellate Division, First 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.

September 3, 2020

Capital One, N.A.,

Plaintiff-Respondent,

v

Kenneth D. Laub,

Defendant-Appellant,

Starwear Distributors LLC, et al.,

Defendants.

An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about June 13, 2019,And defendant-appellant having moved for an extension of time to perfect said appeal, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is deemed to include a request to vacate the dismissal of the appeal and, as such, is granted,

the dismissal is vacated, the appeal reinstated, and the time to perfect said appeal is extended to the February 2021 Term of this Court. ENTERED: September 3, 2020

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta,Presiding Justice,Judith J. Gische Troy K. Webber Ellen Gesmer Jeffrey K. Oing,Justices

M-2292

Index No. 159315/17