Appellate Division: Second Judicial Department

M294014

KS/

ANGELA G. IANNACCI, J.P.

JOSEPH J. MALTESE

HELEN VOUTSINAS

CARL J. LANDICINO, JJ.

2022-10316 Deutsche Bank National Trust Company, etc., respondent, v James Frederick, appellant, et al., defendants. (Index No. 520498/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated September 15, 2022. Motion by the appellants, in effect, to deem the notice of appeal to reflect that the defendant James Frederick is the appealing party and to extend the time to perfect the appeal.

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

ORDERED that the branch of the motion which is to deem the notice of appeal to reflect that the defendant James Frederick is the appealing party is granted, and the notice of appeal is deemed to reflect that the defendant James Frederick is the appealing party (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605), and the caption is amended accordingly; and it is further,

ORDERED that the branch of the motion which is to extend the time to perfect the appeal is granted, and on or before March 6, 2024, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.

IANNACCI, J.P., MALTESE, VOUTSINAS and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court