Appellate Division: Second Judicial Department

M280656

E/sl

ROBERT J. MILLER, J.P.

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI

WILLIAM G. FORD, JJ.

2020-09203 U.S. Bank N.A., etc., respondent, v Joseph Roberts, et al., appellants, et al., defendants. (Index No. 709319/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, entered May 12, 2020. Motion by the defendants Joseph Roberts and Delores Brunsen, as well as the appellant, Phillip G. Copeland, to deem the notice of appeal to reflect that Joseph Roberts and Delores Brunsen are also appealing parties, and to extend the time to perfect the appeal. Cross motion by the respondent to dismiss the appeal on the ground that counsel did not have the authority to file a notice of appeal on behalf of Phillip G. Copeland.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the notice of appeal is deemed to reflect that the defendants Joseph Roberts and Delores Brunsen are also appealing parties (see CPLR 2001), the caption is amended accordingly, and on or before January 24, 2022, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the cross motion is denied.

MILLER, J.P., BRATHWAITE NELSON, IANNACCI and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court