Appellate Division: Second Judicial Department

M277059

MB/

REINALDO E. RIVERA, J.P.

MARK C. DILLON

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2020-05085 Emigrant Bank, etc., respondent, v Sotiris Nicolau, appellant, et al., defendants. (Index No. 2288/2013)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated January 23, 2020. Motion by the appellant to compel the respondent to serve the appellant with its brief, to extend the time to serve and file a reply brief, and for sanctions.

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 compel the respondent to serve the appellant with its brief is denied as academic, as the appellant has received the brief; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is extended, and on or before May 27, 2021, the appellant shall serve the reply brief and upload a digital copy of the reply 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 reply brief in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that motion is otherwise denied.

RIVERA, J.P., DILLON, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court