Onewest Bank, FSB v Singer
Motion No: 2022-06100
Slip Opinion No: 2023 NY Slip Op 78412(U)
Decided on December 13, 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

M292975

ID/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

DEBORAH A. DOWLING

HELEN VOUTSINAS, JJ.

2022-06100

Onewest Bank, FSB, appellant,

v Solomon Singer, respondent,

et al., defendants.

(Index No. 31653/2009)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated July 7, 2022. Motion by the respondent to dismiss the appeal on the ground that the appellant is not aggrieved by the order (see CPLR 5511), 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 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 January 12, 2024, 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., MALTESE, DOWLING and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court