| Bank of New York Mellon Trust Company v Gambino |
| Motion No: 2020-08876 |
| Slip Opinion No: 2021 NY Slip Op 70086(U) |
| Decided on August 9, 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
M278603
MB/
LEONARD B. AUSTIN, J.P.
LINDA CHRISTOPHER
LARA J. GENOVESI
WILLIAM G. FORD, JJ.
|
2020-08876 Bank of New York Mellon Trust Company, N.A., etc., respondent, v Daniel Gambino, etc., et al., defendants; Armand Retamozzo, nonparty-appellant. (Index No. 610194/2015)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated October 8, 2020. Motion by the respondent, inter alia, to dismiss the appeal on the ground that the appellant is not aggrieved by the order or, in the alternative, for an extension of 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 on the ground that the appellant is not aggrieved is denied; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before September 9, 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; and it is further,
ORDERED that the motion is otherwise denied.
AUSTIN, J.P., CHRISTOPHER, GENOVESI and FORD, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court