U.S. Bank National Association v Batista
2026 NY Slip Op 72328(U)
July 15, 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, respondent,
v
Carmen Batista, appellant, et al., defendants.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
July 15, 2026
2025-15016, 4138/2009
Cheryl E. Chambers, J.P.
Linda Christopher
Helen Voutsinas
Carl J. Landicino, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Kings County, dated November 14, 2025. Motion by the respondent, in effect, to dismiss the appeal on the ground that the appellant is not aggrieved by the order (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 motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is, in effect, to dismiss the appeal on the ground that the appellant is not aggrieved by the order (see CPLR 5511) is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before August 14, 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.
CHAMBERS, J.P., CHRISTOPHER, VOUTSINAS and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court