| U.S. Bank National Association v Kollie |
| Motion No: 2022-01097 |
| Slip Opinion No: 2023 NY Slip Op 62706(U) |
| Decided on March 1, 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
M287605
AFA/
COLLEEN D. DUFFY, J.P.
LINDA CHRISTOPHER
JOSEPH A. ZAYAS
LILLIAN WAN, JJ.
|
2022-01097 U.S. Bank National Association, etc., respondent, v Joseph G. Kollie, appellant, et al., defendants. (Index No. 66651/2014)
| DECISION & ORDER ON MOTION |
On the Court's own motion, it is
ORDERED that the decision and order on motion of this Court dated February 17, 2023, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:
Appeal from an order of the Supreme Court, Suffolk County, dated October 25, 2021. Motion by the respondent to dismiss the appeal on the ground that it has been rendered academic, 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 on the ground that it has been rendered academic is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; 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 March 31, 2023, 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.
DUFFY, J.P., CHRISTOPHER, ZAYAS and WAN, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court