Appellate Division: Second Judicial Department

M287863

AFA/

MARK C. DILLON, J.P.

COLLEEN D. DUFFY

LINDA CHRISTOPHER

JOSEPH A. ZAYAS, JJ.

2022-06079 Wilmington Trust National Association, etc., respondent, v Marlene Brandstetter, et al., appellants, et al., defendants. (Index No. 10672/2014)

DECISION & ORDER ON MOTION

Appeal from an amended order and judgment (one paper) of the Supreme Court, Nassau County, dated May 20, 2022. Motion by the respondent to dismiss the appeal on the ground that the dismissal of a prior appeal for failure to timely perfect precludes consideration of the issues to be raised on the appeal from the order dated May 20, 2022, pursuant to Bray v Cox (38 NY2d 350) or, in the alternative, to extend the time to serve and file a brief.

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 to dismiss the appeal 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 April 14, 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.

DILLON, J.P., DUFFY, CHRISTOPHER and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court