Federal National Mortgage Association v Kolkowski
Motion No: 2021-04849
Slip Opinion No: 2022 NY Slip Op 71312(U)
Decided on September 9, 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

M284793

MB/

FRANCESCA E. CONNOLLY, J.P.

LINDA CHRISTOPHER

PAUL WOOTEN

LILLIAN WAN, JJ.

2021-04849

Federal National Mortgage Association, respondent,

v John Kolkowski, appellant.

(Index No. 66288/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated January 10, 2019. Motion to dismiss the appeal on the ground that the appellant's appendix is inadequate, or in the alternative, to direct the appellant to file an amended brief and 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 thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal, or in the alternative, to direct the appellant to file an amended brief and appendix is denied; 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 November 7, 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.

CONNOLLY, J.P., CHRISTOPHER, WOOTEN and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court