Martello v Martello
Motion No: 2020-05694
Slip Opinion No: 2022 NY Slip Op 62565(U)
Decided on March 4, 2022
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M281741

E/sl

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2020-05694

Michael Martello, appellant,

v Jonathan Martello, et al., respondents.

(Index No. 2035/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, entered February 13, 2020. Motion by the respondent Green Tree Servicing, LLC, to direct the appellant to serve and file a supplemental appellant's appendix containing certain material or, in the alternative, for leave to serve and file a respondent's appendix and 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 and in relation thereto, it is

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental appellant's appendix containing certain material is granted and on or before April 4, 2022, the appellant shall serve and file, via NYSCEF, a supplemental appellant's appendix containing the referee's report and the papers filed by the respondents in connection with the motion that was determined by the order entered February 13, 2020; and it is further,

ORDERED that the branch of the motion which is to extend the time of the respondent Green Tree Servicing, LLC, to serve and file a brief is granted, on the Court's own motion, the time of the respondent Jonathan Martello to serve and file a brief is extended, and the respondents shall serve and file their respective briefs via NYSCEF on or before May 4, 2022; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., DUFFY, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court