U.S. Bank Trust, N.A. v Rosario
2026 NY Slip Op 69884(U)
June 8, 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 Trust, N.A., etc., respondent,
v
Jose Rosario, et al., defendants, Ginger Rosario, appellant.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
June 8, 2026
2023-02941, 721497/2020
Francesca E. Connolly, J.P.
Janice A. Taylor
Lourdes M. Ventura
Donna-Marie E. Golia, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated February 14, 2023. Motion by the appellant to stay the sale of the subject property, pending hearing and determination of the appeal. Motion by the respondent to dismiss the appeal on the ground that the appellant is not aggrieved (see CPLR 5511), or, in the alternative, to extend the time to serve and file a brief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the motion by the appellant is 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 appellant is not aggrieved is 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 8, 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.
CONNOLLY, J.P., TAYLOR, VENTURA and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court