Wells Fargo Bank, N.A. v Sulton
Motion No: 2022-05236
Slip Opinion No: 2023 NY Slip Op 61572(U)
Decided on February 3, 2023
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

M287207

AFA/

VALERIE BRATHWAITE NELSON, J.P.

REINALDO E. RIVERA

JOSEPH A. ZAYAS

HELEN VOUTSINAS, JJ.

2022-05236

Wells Fargo Bank, N.A., respondent, et al.,

plaintiff, v Andre Sulton, appellant, et al.,

defendants.

(Index Nos. 16658/2010, 503546/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated May 16, 2022. Motion by the appellant for leave to appeal to this Court from so much of the order as, sua sponte, dismissed the action entitled Wilmington Trust, National Association v Sulton, pending in the same court under Index No. 503546/2017. Application by the appellant to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the application is granted, and on or before April 4, 2023, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

BRATHWAITE NELSON, J.P., RIVERA, ZAYAS and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court