| U.S. Bank National Association v Pacifico |
| Motion No: 2022-07104 |
| Slip Opinion No: 2024 NY Slip Op 61179(U) |
| Decided on January 24, 2024 |
| 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
M293740
AFA/
MARK C. DILLON, J.P.
ANGELA G. IANNACCI
LILLIAN WAN
JANICE A. TAYLOR, JJ.
|
2022-07104 U.S. Bank National Association, etc., respondent, v Joseph H. Pacifico, etc., et al., defendants, Dale Robert Javino, appellant. (Index No. 612827/2020)
| DECISION & ORDER ON MOTION |
2022-07105
U.S. Bank National Association, etc., respondent,
v Joseph H. Pacifico, etc., et al., defendants,
Dale Robert Javino, appellant.
(Index No. 612827/2020)
Appeals from two orders of the Supreme Court, Suffolk County, both dated August 5, 2022. Separate motions by the respondent to dismiss the appeals on the ground that the records are inadequate or, in the alternative, to strike the records and to extend the time to serve and file a brief.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the branches of the motions which are to dismiss the appeals are denied; and it is further,
ORDERED that the branches of the motions which are to strike the records are granted, and on or before March 25, 2024, the appellant shall serve and file replacement records containing all the papers filed in support of and in opposition to the respondent's motion, inter alia, for summary judgment and an order of reference and the appellant's motion to dismiss the complaint, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental records and upload a digital copy of the supplemental records with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the branches of the motions which are to extend the time to serve and file a brief are granted, and on or before April 24, 2024, the respondent shall serve and file the respondent's briefs via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the briefs and upload a digital copy of the briefs, with proof of service thereof, through the digital portal on this Court's website.
DILLON, J.P., IANNACCI, WAN and TAYLOR, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court