Wilmington Savings Fund Society, FSB v Sposato
2026 NY Slip Op 69071(U)
May 27, 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.
Wilmington Savings Fund Society, FSB, etc., respondent,
v
Robert Sposato, et al., defendants, Linda Sposato, appellant.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
May 27, 2026
2026-00723, 65567/2014
Colleen D. Duffy, J.P.
Linda Christopher
Carl J. Landicino
Laurence L. Love, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Westchester County, dated January 5, 2026. Motion by the appellant, inter alia, to stay her eviction from the subject premises, pending hearing and determination of the appeal. Separate motion by the appellant for leave to file an supplemental record containing certain material. Motion by the respondent to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to extend the time to serve and file a brief.
Upon the papers filed in support of the motions, and upon the papers filed in opposition thereto, it is
ORDERED that the motions by the appellant are denied; and it is further,
ORDERED that the branch of the motion by the respondent which is to dismiss the appeal on the ground that the record is inadequate is granted to the extent that and on or before June 30, 2026, the appellant shall serve and file a supplemental record containing all papers filed in connection with the motions that resulted in the order dated January 5, 2026, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website, and this branch of the motion by the respondent is otherwise denied; and it is further,
ORDERED that the branch of the motion by the respondent which is to extend the time to serve and file a brief is granted, and on or before July 30, 2026, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
DUFFY, J.P., CHRISTOPHER, LANDICINO and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court