Appellate Division: Second Judicial Department

M283075

MB/

MARK C. DILLON, J.P.

VALERIE BRATHWAITE NELSON

SHERI S. ROMAN

WILLIAM G. FORD, JJ.

2018-05543 Deutsche Bank Trust Company Americas, appellant, v Teresita A. Martinez, respondent, et al., defendants. (Index No. 21017/2011)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated January 29, 2018. Motion by the appellant, in effect, to vacate any stay in effect as a result of the death of the respondent Luis M. Martinez, to restore the appeal to active status, and in effect, to amend the caption pursuant to CPLR 1015(b) to reflect that Luis Martinez is no longer a respondent. Separate motion by the respondent Teresita A. Martinez to extend the time to serve and file a brief.

Upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the respondent Teresita A. Martinez's motion and the papers filed in opposition thereto, it is

ORDERED that the motion by the appellant is granted and the caption is amended accordingly; and it is further,

ORDERED that the motion by the respondent Teresita A. Martinez is granted, and the time to serve and file a respondent's brief is granted, and on or before June 22, 2022, 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.

DILLON, J.P., BRATHWAITE NELSON, ROMAN and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court