Appellate Division: Second Judicial Department

M280444

E/sl

ROBERT J. MILLER, J.P.

BETSY BARROS

VALERIE BRATHWAITE NELSON

PAUL WOOTEN, 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 two orders of the Supreme Court, Suffolk County, dated July 5, 2017, and October 16, 2017, respectively. By order to show cause dated October 1, 2021, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals in the above-entitled action for failure to comply with a decision and order on motion dated July 30, 2021.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeals is denied; and it is further,

ORDERED that on the Court's own motion, the appellant-respondent's time to 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, as directed by the decision and order on motion dated July 30, 2021, is extended until January 7, 2022.

MILLER, J.P., BARROS, BRATHWAITE NELSON and WOOTEN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court