Appellate Division: Second Judicial Department

M285859

MG/jr

COLLEEN D. DUFFY, J.P.

FRANCESCA E. CONNOLLY

JOSEPH A. ZAYAS

LILLIAN WAN, JJ.

2021-01146, 2021-04343 Walter Heitner, Jr., et al., respondents, v Beacon Federal Savings Bank, et al., defendants, Deutsche Bank National Trust Company, etc., appell Walter Heitner, Jr., et al., respondents, v Capital One, National Association, etc., et al., defe Deutsche Bank National Trust Company, etc., appell (Index No. 602920/2019)

DECISION & ORDER ON MOTION ant. ndants, ant.

Appeals from two orders of the Supreme Court, Nassau County, dated January 28, 2021, and March 11, 2021, respectively. Motion by the appellant to enlarge the record to include certain material and to extend the time to serve and file a reply brief. Cross motion by the respondents for leave to file an amended respondents' brief.

Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to enlarge the record to include certain material is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted, and on or before December 5, 2022, the appellant shall serve and file the reply brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply 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.

DUFFY, J.P., CONNOLLY, ZAYAS and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court