| BNY Mellon v MS Global |
| Motion No: 2020-00824 |
| Slip Opinion No: 2021 NY Slip Op 70905(U) |
| Decided on September 1, 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
M278889
E/sl
LEONARD B. AUSTIN, J.P.
LINDA CHRISTOPHER
PAUL WOOTEN
WILLIAM G. FORD, JJ.
|
2020-00824 Bank of New York Mellon, etc., respondent, v MS Global Group, LLC, appellant, et al., defendants. (Index No. 502152/2012)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated December 2, 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 relation thereto, it is
ORDERED that the motion is granted, the appellant's brief is stricken, and on or before October 1, 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]).
AUSTIN, J.P., CHRISTOPHER, WOOTEN and FORD, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court