| CIT Bank, N.A. v Weaver |
| Motion No: 2020-02794 |
| Slip Opinion No: 2021 NY Slip Op 61036(U) |
| Decided on January 29, 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
M275295
MB/
CHERYL E. CHAMBERS, J.P.
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY
LINDA CHRISTOPHER, JJ.
|
2020-02794 CIT Bank, N.A., respondent, v Everette Weaver, appellant, et al., defendants. (Index No. 83/2014)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Dutchess County, dated January 13, 2020. Motion by the appellant to take judicial notice of certain material. Application by the respondent 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 motion is dismissed for failure to pay the motion filing fee (see CPLR 8022[b]); and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is extended, and on or before March 1, 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.
CHAMBERS, J.P., HINDS-RADIX, DUFFY and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court