Appellate Division: Second Judicial Department

M272937

E/sl

ALAN D. SCHEINKMAN, P.J.

WILLIAM F. MASTRO

COLLEEN D. DUFFY

PAUL WOOTEN, JJ.

2019-12172 Wilmington Savings Fund Society, FSB, etc., respondent, v Vincent Davis, etc., et al., defendants; Mad Real Properties, LLC, nonparty-appellant. (Index No. 52187/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated September 19, 2019. Motion by the respondent, in effect, to dismiss portions of the appeal on the ground that they have been rendered academic, or, in the alternative, to enlarge the record to include certain material 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 to dismiss the appeal concerning the 2018 Westchester County real estate taxes is granted; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal concerning the 2018 City of New Rochelle taxes is denied without prejudice to renew upon proof that the respondent paid these taxes and the date of payment; 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, the respondent's time to serve and file a brief, via NYSCEF, is extended until October 14, 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 is otherwise denied.

SCHEINKMAN, P.J., MASTRO, DUFFY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court