Washington Mutual Bank v Baldera
Motion No: 2020-03033
Slip Opinion No: 2020 NY Slip Op 73689(U)
Decided on October 23, 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

M273285

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

HECTOR D. LASALLE

VALERIE BRATHWAITE NELSON, JJ.

2020-03033

Washington Mutual Bank, appellant,

v Jorge Baldera, respondent, et al., defendants.

(Index No. 5076/2008)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated December 23, 2019. Motion by the respondent to dismiss the appeal, inter alia, on the ground that no appeal lies from an order denying reargument or, in the alternative, for leave to serve and file a supplemental record and to extend the time to serve and file a brief. Application by the respondent pursuant to 22 NYCRR 1250.9(g)(1) 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, and upon the papers filed in support of the application 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 on the ground that no appeal lies from an order denying reargument 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 respondent's time to serve and file a brief and the application for that relief are granted, the respondent's time to serve and file a brief is extended, on or before November 23, 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 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.

RIVERA, J.P., LEVENTHAL, LASALLE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court