Appellate Division: Second Judicial Department

M293518

AFA/

HECTOR D. LASALLE, P.J.

JOSEPH J. MALTESE

HELEN VOUTSINAS

LAURENCE L. LOVE, JJ.

2021-05980 Federal National Mortgage Association, appellant, v Sheldon Davis, defendant-respondent, et al., defendants, 188-44 Liverpool Street, LLC, nonparty-respondent. (Index No. 711905/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated July 8, 2021. Motion by the appellant to strike the respondents' briefs, inter alia, on the ground that both respondents briefs purport to be filed on behalf of the respondent Sheldon Davis, and to extend the time to serve and file a reply 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 strike the respondents' briefs is granted to the extent that on or before February 13, 2024, McLaughlin & Stern, LLP, shall serve and file via NYSCEF, a replacement brief with a corrected cover entitled "Brief of Non-Party Respondent 108-44 Liverpool Street, LLC" and which indicates that the appearance of McLaughlin & Stern, LLP is on behalf of that respondent only, but which is in all other respects the same as the brief previously filed, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted, and on or before January 22, 2024, the appellant 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.

LASALLE, P.J., MALTESE, VOUTSINAS and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court