U.S. Bank National Association v Theotokas
2026 NY Slip Op 65756(U)
April 6, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
U.S. Bank National Association, etc., plaintiff,
v
Steve Theotokas, respondent, et al., defendants; Deutsche Bank National Trust Company, etc., nonparty-appellant.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
April 6, 2026
2025-02957, 706030/2015
Francesca E. Connolly, J.P.
Linda Christopher
Barry E. Warhit
Donna-Marie E. Golia, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Queens County, dated February 13, 2025, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant, inter alia, to stay enforcement of the order, pending hearing and determination of the appeal. Separate motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion to vacate the dismissal of the appeal and to extend the time to perfect the appeal is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before May 6, 2026, the appellant shall and serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the motion to stay enforcement of the order is denied.
CONNOLLY, J.P., CHRISTOPHER, WARHIT and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court