Appellate Division: Second Judicial Department

M271139

kbp/

MARK C. DILLON, J.P.

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY

ANGELA G. IANNACCI, JJ.

2019-05208 Central Mortgage Company, respondent, v Alfonso Cinque, appellant, et al., defendants. (Index No. 611669/15)

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, dated March 1, 2019, for failure to timely perfect, and on the ground that no appeal lies from an order and judgment entered upon the default of the appealing party, 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 dismiss the appeal for failure to timely perfect is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that no appeal lies from an order and judgment entered upon the default of the appealing party 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, and on or before August 3, 2020, the respondent shall serve the respondent's brief and upload digital copies of the respondent's brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court.

DILLON, J.P., LASALLE, CONNOLLY and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court