Chuang v Federal National Mortgage Association
Motion No: 2019-06228
Slip Opinion No: 2020 NY Slip Op 67353(U)
Decided on June 22, 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

M271408

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2019-06228

Kuang Chuang, etc., appellant-respondent,

v Federal National Mortgage Association,

et al., respondents, Richard Rosenzweig, etc.,

respondent-appellant, et al., defendant.

(Index No. 151882/2018)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Richmond County, dated April 11, 2019. Motion by the respondent-appellant to dismiss the appeal, inter alia, in effect, on the ground that the record and the appellant's brief were not timely served. Separate motion by the respondent Federal National Mortgage Association, in effect, to dismiss the appeal on the ground that the record and the appellant's brief were not timely served, or, in the alternative, to extend the time to serve and file its brief. Separate motion by the respondents Shapiro, Dicaro & Barak, LLC, and Robert Michael McCartin to dismiss the appeal, inter alia, in effect, on the ground that the record and the appellant's brief were not timely served, or, in the alternative, to extend the time to serve and file their brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the motion by the respondent-appellant is denied; and it is further,

ORDERED that the branches of the motions by the respondent Federal National Mortgage Association, and the respondents Shapiro, Dicaro & Barak, LLC, and Robert Michael McCartin which are to dismiss the appeal are denied; and it is further,

ORDERED that the branches of the motions by the respondent Federal National Mortgage Association, and the respondents Shapiro, Dicaro & Barak, LLC, and Robert Michael McCartin which are to extend the time to serve and file their respective briefs are granted, the respondents' time to serve and file their respective briefs is extended, and on or before July 20, 2020, the respondents shall serve their respective briefs and upload digital copies of their respective briefs, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the their respective briefs in accordance with any applicable administrative order or other order to be issued by the Court.

RIVERA, J.P., AUSTIN, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court