Bank of New York Mellon v Shurko
Motion No: 2018-12887
Slip Opinion No: 2021 NY Slip Op 75908(U)
Decided on December 13, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M280505

MB/

SYLVIA O. HINDS-RADIX, J.P.

SHERI S. ROMAN

FRANCESCA E. CONNOLLY

DEBORAH A. DOWLING, JJ.

2018-12887, 2018-13658

Bank of New York Mellon, etc., respondent,

v Eric Shurko, et al., defendant, Adam

Plotch, appellant.

(Index No. 508916/2016)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, both dated September 12, 2018. Motion by the respondent to strike stated portions of the appellant's replacement brief or, in the alternative, to extend the time to serve and file a replacement respondent's 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 strike stated portions of the appellant's replacement brief is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a replacement respondent's brief is granted, and on or before January 12, 2022, the respondent shall serve and file the replacement respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement respondent's brief and upload a digital copy of the replacement respondent's brief, with proof of service thereof, through the digital portal on this Court's website.

HINDS-RADIX, J.P., ROMAN, CONNOLLY and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court