Akbar v Wells Fargo & Company
Motion No: 2022-08925
Slip Opinion No: 2023 NY Slip Op 78693(U)
Decided on December 18, 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

M293087

KS/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

LARA J. GENOVESI

HELEN VOUTSINAS, JJ.

2022-08925

Wirli Akbar, plaintiff-respondent,

v Wells Fargo & Company, et al., defendants

appellants-respondents, Assurant, Inc., et al.,

defendants third-party plaintiffs respondents-appellan

et al., defendant; Preservation of Property Services, I

third-party defendant, Oterson Consulting Constructi

Corp., third-party defendant-respondent.

(Index No. 620550/2017)

DECISION & ORDER ON MOTION




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Appeal and cross-appeal from an order of the Supreme Court, Suffolk County, dated October 13, 2022. The cross-appeal was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondents-appellants pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of their cross-appeal and to extend the time to perfect their cross-appeal. Motion by the appellants-respondents to extend the time to serve and file a reply brief.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the respondents-appellants is granted, the dismissal of the cross-appeal by the respondents-appellants pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before January 18, 2024, the respondents-appellants shall serve and file their answering brief, including the points of argument on the cross-appeal (see 22 NYCRR 1250.9[f][1][iv]), via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the answering brief and upload a digital copy of the answering brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion by the appellants-respondents is granted, and on or before January 29, 2024, the appellants-respondents shall serve and file the reply brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website.

DUFFY, J.P., WOOTEN, GENOVESI and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court