Appellate Division: Second Judicial Department

M278496

MB/

CHERYL E. CHAMBERS, J.P.

BETSY BARROS

VALERIE BRATHWAITE NELSON

LARA J. GENOVESI, JJ.

2019-11718 Deutsche Bank National Trust Company, appellant, v Richard Natal, et al., defendants, Carmen Vasquez, respondent. (Index No. 515618/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated July 13, 2019. Motion by the appellant for leave to serve and file a replacement brief.

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 appellant's brief is stricken, and on or before September 3, 2021, the appellant shall serve a replacement brief which discusses the issues raised by Freedom Mtge. Corp. v Engel, 37 NY3d 1, 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 it is further,

ORDERED that on the Court's own motion, the respondent's brief and the reply brief are stricken, and the parties shall serve and file a replacement respondent's brief and a replacement reply brief in accordance with the rules of this Court (see 22 NYCRR 1250.9[c],[d]).

CHAMBERS, J.P., BARROS, BRATHWAITE NELSON and GENOVESI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court