Green Tree Servicing LLC v Ferando
Motion No: 2021-01217
Slip Opinion No: 2022 NY Slip Op 67056(U)
Decided on June 8, 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

M283351

AFA/

COLLEEN D. DUFFY, J.P.

BETSY BARROS

LINDA CHRISTOPHER

JOSEPH A. ZAYAS, JJ.

2021-01217, 2021-01218

Green Tree Servicing, LLC, respondent,

v Devinda R. Ferando, etc., et al., defendants,

Manil S. Fernando, appellant.

(Index No. 70327/2015)

DECISION & ORDER ON MOTION

Appeals from a judgment and an order of the Supreme Court, Westchester County, both dated January 5, 2021. Motion by the respondent, inter alia, to dismiss the appeals on the ground that the record and appellant's brief contain or refer to matter dehors the record, or, in the alternative, for an extension of 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 to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file the respondent's brief is granted, and on or before July 8, 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.

DUFFY, J.P., BARROS, CHRISTOPHER and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court