Indymac Mortgage FSB v Abruzese
Motion No: 2019-03529
Slip Opinion No: 2021 NY Slip Op 68290(U)
Decided on June 25, 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

M277853

MB/

WILLIAM F. MASTRO, J.P.

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON

LARA J. GENOVESI

DEBORAH A. DOWLING, JJ.

2019-03529, 2019-05909

Indymac Mortgage FSB, respondent,

v Ronald Abruzese, appellant, et al.,

defendants.

(Index No. 102908/2008)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Richmond County, dated June 8, 2018, and December 18, 2018, respectively, which were deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeals and to extend the time to perfect the appeals.

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

ORDERED that the motion is granted, the dismissal of the appeals pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before August 9, 2021, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the 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.

MASTRO, J.P., DUFFY, BRATHWAITE NELSON, GENOVESI and DOWLING, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court