Bank of America, N.A. v Sach
Motion No: 2020-09720
Slip Opinion No: 2023 NY Slip Op 77110(U)
Decided on November 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M292434

AFA/

VALERIE BRATHWAITE NELSON, J.P.

PAUL WOOTEN

LILLIAN WAN

LAURENCE L. LOVE, JJ.

2020-09720

Bank of America, N.A., appellant,

v Mary Ellen Sach, et al., respondents,

et al., defendants.

(Index No. 135065/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Richmond County, dated November 23, 2020. Motion by the respondents to dismiss the appeal on the ground that the appellant is not aggrieved by the order (see CPLR 5511), or in the alternative, for an extension of time to serve and file a brief. Application by the respondents for an extension of time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application 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 denied; and it is further

ORDERED that the branch of the motion which is for an extension of time to serve and file a brief and the application for an extension of time to serve and file a brief are granted, and on or before December 22, 2023, the respondents shall serve and file the respondents' 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., WOOTEN, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court