| Bank of New York Mellon v Prestia |
| Motion No: 2021-07031 |
| Slip Opinion No: 2022 NY Slip Op 72109(U) |
| Decided on September 21, 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. |
Appellate Division: Second Judicial Department
M285035
MB/
ANGELA G. IANNACCI, J.P.
PAUL WOOTEN
DEBORAH A. DOWLING
LILLIAN WAN, JJ.
|
2021-07031 Bank of New York Mellon, respondent, v Monica Prestia, et al., appellants, et al., defendant. (Index No. 34455/2012)
| DECISION & ORDER ON MOTION |
Appeal from a judgment of the Supreme Court, Suffolk County, dated February 2, 2018, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Cross motion by respondent to dismiss the appeal, inter alia, pursuant to Bray v Cox (38 NY2d 350).
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before October 21, 2022, the appellants shall serve and file the record or appendix and the appellants' brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellants' brief and upload digital copies of the record or appendix and the appellants' 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 denied.
IANNACCI, J.P., WOOTEN, DOWLING and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court