Appellate Division: Second Judicial Department

M266601

kbp/

MARK C. DILLON, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

ANGELA G. IANNACCI, JJ.

2018-08925 Nationstar Mortgage, LLC, respondent, v Vernia Elizabeth Stutman, etc., appellant, et al., defendant. (Index No. 507842/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated May 3, 2018, for failure to timely perfect, or, in the alternative, to extend the time to serve and file a brief on the appeal. Cross motion by the appellant, in effect, pursuant to 22 NYCRR 1250.10(c) to vacate dismissal of the appeal, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a), and 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 cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the cross motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, the appellant's time to perfect the appeal is extended, and the appellant's brief and appendix which was submitted to this Court is accepted for filing and deemed timely served; 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 November 20, 2019, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., MILLER, HINDS-RADIX and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court