Wells Fargo Bank, N.A. v Senefelder
Motion No: 2019-12005
Slip Opinion No: 2021 NY Slip Op 68076(U)
Decided on June 23, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M277802

E/sl

CHERYL E. CHAMBERS, J.P.

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER

WILLIAM G. FORD, JJ.

2019-12005

Wells Fargo Bank, N.A., respondent,

v Thomas Senefelder, appellant, et al.,

defendants.

(Index No. 35050/2007)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated August 12, 2019. Motion by the respondent to dismiss the appeal for failure to comply with a decision and order on motion of this Court dated February 3, 2021, or to direct the appellant to comply with the decision and order on motion of this Court dated February 3, 2021, by a date certain. Cross motion by the appellant to extend the time to comply with the decision and order on motion of this Court dated February 3, 2021.

Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to direct the appellant to comply with the decision and order on motion of this Court dated February 3, 2021, by a date certain and the cross motion are granted and on or before July 23, 2021, the appellant shall serve a replacement record and a replacement appellant's brief that comply with the decision and order on motion of this Court dated February 3, 2021, 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 it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is extended, and on or before August 23, 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.

CHAMBERS, J.P., BRATHWAITE NELSON, CHRISTOPHER and FORD, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court