| Wells Fargo Bank, NA v Daniel |
| Motion No: 2019-04427 |
| Slip Opinion No: 2021 NY Slip Op 67280(U) |
| Decided on June 4, 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
M277415
E/sl
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
COLLEEN D. DUFFY
BETSY BARROS, JJ.
|
2019-04427, 2019-04428 Wells Fargo Bank, NA, respondent, v Jean R. Daniel, et al., appellants, et al., defendants. (Index No. 605788/2016)
| DECISION & ORDER ON MOTION |
Appeals from an order and judgment (one paper) and an order of the Supreme Court, Suffolk County, both dated January 28, 2019. Motion by the respondent to dismiss the appeal from the order and judgment on the ground that it has been vacated 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 from the order and judgment is held in abeyance and referred to the panel of Justices hearing the appeals 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 is granted, and on or before July 6, 2021, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
RIVERA, J.P., AUSTIN, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court