Appellate Division: Second Judicial Department

M271377

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

SHERI S. ROMAN

ROBERT J. MILLER, JJ.

2019-07191 U.S. Bank National Association, etc., respondent, v Allen J. Morton, et al., appellants, et al., defendants (Index No. 67501/2016)

DECISION & ORDER ON MOTION .

Appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated May 7, 2019. Motion by the respondent to strike Points I and III of the appellants' brief on the ground that the dismissal of two prior appeals for failure to timely perfect precludes consideration of the issues raised in those Points of argument pursuant to Bray v Cox (38 NY2d 350), and to extend the time to serve and file a brief.

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

ORDERED that the branch of the motion which is strike Points I and III 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 July 20, 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.

BALKIN, J.P., CHAMBERS, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court