Appellate Division: Second Judicial Department

M275383

E/sl

WILLIAM F. MASTRO, A.P.J.

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2019-07122, 2019-12005 Wells Fargo Bank, N.A., respondent, v Thomas Senefelder, appellant, et al., defendants. (Index No. 35050/2007)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Suffolk County, dated April 2, 2019, and August 12, 2019, respectively. Motion by the respondent to strike stated portions of the record and the appellant's brief relating to the order dated April 2, 2019, for failure to timely perfect that appeal, to dismiss the appeal from stated portions of the order dated August 12, 2019, on the ground that no appeal lies from an order denying reargument, 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 application, and no papers having been filed in opposition or in relation thereto,

ORDERED that the branch of the motion which is to strike stated portions of the record and the appellant's brief relating to the order dated April 2, 2019, is granted, the record and the appellant's brief are stricken, and on or before March 5, 2021, the appellant shall serve a replacement record that does not contain the order dated April 2, 2019, the notice of appeal from that order, or the papers filed in connection with the motion that was determined by the order dated April 2, 2019, serve a replacement appellant's brief that does not raise any points of argument concerning the appeal from the order dated April 2, 2019, and upload digital copies of the replacement record and the replacement appellant's brief, with proof of service thereof, through the digital portal on this Court's website, and the appellant shall file originals and five hard copies of the replacement record and the replacement appellant'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 branch of the motion which is to dismiss the appeal from stated portions of the order dated August 12, 2019, on the ground that no appeal lies from an order denying reargument is held in abeyance and referred to the panel of Justices hearing that 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, and on or before April 5, 2021, the respondent shall serve a brief and upload a digital copy of the 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 brief in accordance with any applicable administrative order or other order to be issued by the Court.

MASTRO, A.P.J., HINDS-RADIX, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court