| Bank of New York Mellon v Shurko |
| Motion No: 2020-01410 |
| Slip Opinion No: 2021 NY Slip Op 60330(U) |
| Decided on January 13, 2021 |
| 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
M275010
E/sl
SYLVIA O. HINDS-RADIX, J.P.
ROBERT J. MILLER
HECTOR D. LASALLE
ANGELA G. IANNACCI, JJ.
|
2020-01410 Bank of New York Mellon, respondent, v Eric Shurko, et al., defendant, Adam Plotch, appellant. (Index No. 508916/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated December 10, 2019. Motion by the respondent to dismiss the appeal on the ground that the appellant's brief violates 22 NYCRR 1250.8(f)(1) or, in the alternative, to strike stated portions of the appellant's brief 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 is denied on condition that on or before February 16, 2021, the appellant serve a replacement brief that does not use bold type except for the headings on pages 8, 11, 12, 21, 22, 26 through 27, 29 through 35, and 37, but is the same as the brief in all other respects, and upload a digital copy of the replacement brief, with proof of service thereof, through the digital portal on this Court's website, and the appellant shall file an original and five hard copies of the replacement brief 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, the respondent's time to serve and file a brief is extended, and on or before March 16, 2021, the respondent shall serve the respondent's brief and upload a digital copy 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; and it is further,
ORDERED that the motion is otherwise denied.
HINDS-RADIX, J.P., MILLER, LASALLE and AUSTIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court