Appellate Division: Second Judicial Department

M275267

E/sl

MARK C. DILLON, J.P.

HECTOR D. LASALLE

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2020-03997, 2020-06721 U.S. Bank National Association, etc., respondent- appellant, Anderson Hill Capital, LLC, appellant- respondent, et al., plaintiff, v DCCA, LLC, et al., defendants-respondents; William Schumacher, etc. nonparty-respondent. (Index No. 53946/2019)

DECISION & ORDER ON MOTION

Appeal and cross appeal from an order of the Supreme Court, Westchester County, dated March 26, 2020. Motion by the nonparty-respondent, William Schumacher, individually and on behalf of other persons similarly situated, in effect, for leave to intervene, to direct the appellant-respondent to correct the caption, 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 and in relation thereto, it is

ORDERED that the branch of the motion which is, in effect, for leave to intervene is denied as unnecessary as the movant is a respondent on the appeal; and it is further,

ORDERED that the branch of the motion which is to direct the appellant-respondent to correct the caption is granted and on or before February 17, 2021, the appellant-respondent shall submit corrected covers for any copies of the joint record and the appellant-respondent's brief filed with the Clerk of this Court, which designates William Schumacher, individually and on behalf of other persons similarly situated, as a nonparty-respondent, the respondent-appellant shall submit corrected covers for any copies of the respondent-appellant's brief filed with the Clerk of this Court, which designates William Schumacher, individually and on behalf of other persons similarly situated, as a nonparty-respondent, and the appellant-respondent and the respondent-appellant shall file, via NYSCEF, replacement digital copies of the joint record and their respective briefs; 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 nonparty-respondent's time to serve and file a brief via NYSCEF is extended until March 19, 2021, and the nonparty-respondent shall file an original and five hard copies of the brief in accordance with any applicable administrative order or other order to be issued by the Court.

DILLON, J.P., LASALLE, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court