U.S. Bank Trust, N.A. v McCobb
Motion No: 2021-06260
Slip Opinion No: 2022 NY Slip Op 70626(U)
Decided on August 26, 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

M284672

AFA/

ROBERT J. MILLER, J.P.

LINDA CHRISTOPHER

PAUL WOOTEN

HELEN VOUTSINAS, JJ.

2021-06260

U.S. Bank Trust, N.A., etc., respondent,

v Sharon McCobb, appellant, et al., defendants.

(Index No. 68048/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated July 26, 2021. Motion by the respondent to dismiss the appeal on the grounds, inter alia, that the defendant Sharon McCobb lacks standing to defend the action, and for failure to file a complete record on appeal or, in the alternative, to extend the time to serve and file a respondent's brief. Cross motion by the appellant for leave to file a supplemental record containing certain material.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross 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 for leave to extend the time to serve and file a respondent's brief is granted, and on or before October 26, 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; and it is further,

ORDERED that the cross motion is granted, and on or before September 26, 2022, the appellant shall serve and file a supplemental record containing all exhibits and documents incorporated by reference by citation in the affirmation in opposition of Leah Lenz, dated May 27, 2021, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website.

MILLER, J.P., CHRISTOPHER, WOOTEN and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court