| Wilmington Trust National Association v Borkuhov |
| Motion No: 2023-00086 |
| Slip Opinion No: 2023 NY Slip Op 68855(U) |
| Decided on June 16, 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
M289541
AFA/
VALERIE BRATHWAITE NELSON, J.P.
WILLIAM G. FORD
DEBORAH A. DOWLING
JANICE A. TAYLOR, JJ.
|
2023-00086 Wilmington Trust National Association, etc., respondent, v Alex Amner Borkuhov, appellant, et al., defendants. (Index No. 9787/2009)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, dated November 7, 2022. Motion by the respondent to dismiss the appeal on the ground that review of the issues to be raised on the appeal is barred by the law of the case doctrine, or, in the alternative, 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 is denied; 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 July 17, 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.
BRATHWAITE NELSON, J.P., FORD, DOWLING and TAYLOR, JJ., concur.
ENTER:
Maria T. Fasulo
Clerk of the Court