Appellate Division: Second Judicial Department

M277044

E/sl

REINALDO E. RIVERA, J.P.

BETSY BARROS

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2018-12887, 2018-13658 Bank of NY Mellon, etc., respondent, v Eric Shurko, et al., defendant, Adam Plotch, appellant. (Index No. 508916/2016)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, both dated September 12, 2018. Motion by the appellant for leave to serve and file a replacement brief or a supplemental 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 for leave to serve and file a replacement brief is granted, the appellant's brief, the respondent's brief, and the appellant's reply brief are stricken, and on or before June 14, 2021, the appellant shall serve a replacement brief which discusses the issues raised by Freedom Mtge. Corp. v Engel (___ NY3d ___, 2021 NY Slip Op 01090, *2) but is otherwise the same in content as the original brief and raises no other new issues, and a upload digital copy of the replacement 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 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 motion is otherwise denied.

RIVERA, J.P., BARROS, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court