| U.S. Bank National Association v Simon |
| Motion No: 2020-09391 |
| Slip Opinion No: 2023 NY Slip Op 62405(U) |
| Decided on February 22, 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. |
Appellate Division: Second Judicial Department
M287548
KS/
VALERIE BRATHWAITE NELSON, J.P.
REINALDO E. RIVERA
JOSEPH A. ZAYAS
HELEN VOUTSINAS, JJ.
|
2020-09391 U.S. Bank National Association, etc., appellant, v Robyn R. Simon, respondent, et al., defendants. (Index No. 702414/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated December 7, 2020. The appellant has brought into question the constitutionality of the Foreclosure Abuse Prevention Act, L 2022, ch 821, notice of which the Attorney General is required to receive pursuant to Executive Law § 71. By decision and order on motion of this Court dated January 30, 2023, this Court, inter alia, directed the Attorney General to either (1) notify this Court, in writing, filed via email at [email protected], that the Attorney General declines to intervene on this appeal, or (2) file a brief in support of the constitutionality of the Foreclosure Abuse Prevention Act, L 2022, ch 821, via NYSCEF, on or before February 22, 2023. Motion by the Attorney General for leave to intervene in the appeal pursuant to Executive Law § 71 and CPLR 1012(b), and, in effect, to extend the time to comply with the decision and order on motion of this Court dated January 30, 2023.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is for leave to intervene in the appeal is denied as unnecessary (see Executive Law § 71; CPLR 1012[b]); and it is further,
ORDERED that the branch of the motion which is, in effect, to extend the time to comply with the decision and order on motion of this Court dated January 30, 2023, is granted and on or before March 27, 2023, the Attorney General shall either (1) notify this Court, in writing, filed via email at [email protected], that the Attorney General declines to intervene on this appeal, or (2) file a brief in support of the constitutionality of the Foreclosure Abuse Prevention Act, L 2022, ch 821, via NYSCEF; and it is further,
ORDERED that in the event the Attorney General elects to file a brief, the appellant and the respondent may file a brief in response, via NYSCEF, within two weeks after service upon them of the Attorney General's brief, if so advised.
BRATHWAITE NELSON, J.P., RIVERA, ZAYAS and VOUTSINAS, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court