| Deutsche Bank National Trust Company v Geoffrey Minte, LLC |
| Motion No: 2019-04777 |
| Slip Opinion No: 2020 NY Slip Op 68445(U) |
| Decided on July 13, 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. |
Appellate Division: Second Judicial Department
M271790
E/sl
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX, JJ.
|
2019-04777 Deutsche Bank National Trust Company, etc., respondent, v Geoffrey Minte, LLC, appellant, et al., defendants. (Index No. 58109/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated March 1, 2019. Motion by the respondent to dismiss the appeal on the ground that the right of direct appeal therefrom terminated upon entry in the above-entitled action of an order and judgment (one paper) of the same court dated September 23, 2019, or, in the alternative, to extend the time to serve and file a brief. Cross motion by the appellant, inter alia, to deem the notice of appeal from the order to be a premature notice of appeal from the order and judgment.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the cross motion which is to deem the notice of appeal from the order to be a premature notice of appeal from the order and judgment is granted, and on or before August 12, 2020, the appellant shall serve and file, via NYSCEF, a supplemental record containing the order and judgment, and the appellant shall file an original and five hard copies of the supplemental record in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,
ORDERED that the branch of the motion which is to extend the respondent's time to serve and file a brief is granted, and the respondent's time to serve and file the respondent's brief via NYSCEF is extended until September 10, 2020, and the respondent shall 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; and it is further,
ORDERED that the motion and the cross motion are otherwise denied.
RIVERA, J.P., AUSTIN, ROMAN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court