Appellate Division: Second Judicial Department

M278450

MB/

SYLVIA O. HINDS-RADIX, J.P.

FRANCESCA E. CONNOLLY

LARA J. GENOVESI

WILLIAM G. FORD, JJ.

2017-09597, 2018-01333 Susan Boreshesky, respondent-appellant, v U.S. Bank Trust, N.A., etc., appellant-respondent. (Index No. 620139/2016)

DECISION & ORDER ON MOTION

Appeals and cross appeals from an order of the Supreme Court, Suffolk County, dated July 5, 2017, and an order of the same court dated October 16, 2017. Motion by the appellant-respondent for leave to serve and file a supplemental brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted to the extent that the appellant-respondent's brief is stricken, and on or before August 30, 2021, the appellant-respondent shall serve a replacement brief which discusses the issues raised by Freedom Mtge. Corp. v Engel (___ NY3d ___, 2021 NY Slip Op 01090) but is otherwise the same in content as the original brief and raises no other new issues, and upload a digital copy of the replacement brief, with proof of service thereof, through the digital portal on this Court's website, and the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the respondent-appellant's brief and the reply briefs are stricken, and the parties shall serve and file replacements in accordance with the rules of this Court (see 22 NYCRR 1250.9[f][1][iv], [1][v],[1][vi]).

HINDS-RADIX, J.P., CONNOLLY, GENOVESI and FORD, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court