Appellate Division: Second Judicial Department

M276966

E/sl

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

BETSY BARROS

ANGELA G. IANNACCI, JJ.

2019-14265 M & T Bank, respondent, v Mohan Vaswani, appellant, et al., defendants. (Index No. 610887/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, entered October 9, 2019. Motion by the respondent to dismiss the appeal for failure to serve hard copies of the record and brief upon it pursuant to 22 NYCRR 1245.5(b) or, in the alternative, 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; and it is further,

ORDERED that on the Court's own motion, on or before May 20, 2021, the appellant shall serve hard copies of the record and brief pursuant to 22 NYCRR 1245.5(b) upon the respondent's counsel and file proof of service with the Clerk of the Court via NYSCEF; 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 respondent's time to serve and file a brief is extended, on or before June 21, 2021, the respondent shall serve and file the respondent's brief, if any, via NYSCEF, 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.

DILLON, J.P., AUSTIN, BARROS and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court