Appellate Division: Second Judicial Department

M294149

AFA/

HECTOR D. LASALLE, P.J.

FRANCESCA E. CONNOLLY

LARA J. GENOVESI

CARL J. LANDICINO, JJ.

2023-00947, 2023-0452 Wilmington Savings Fund Society, FSB, etc., respondent, v Robert Sposato, et al., defendants, Linda Sposato, appellant. (Index No. 65567/2014)

DECISION & ORDER ON MOTION

Appeals from an order and judgment (one paper) of the Supreme Court, Westchester County, dated September 13, 2019, and an order of the same court dated March 2, 2023, respectively. Motion by the appellant to stay all proceedings in the above-entitled action, including any sale of the subject premises, and to enjoin the respondent from conveying, encumbering, or transferring possession of the subject property, pending hearing and determination of the appeals. Cross-motion by the respondent to dismiss the appeal from the order and judgment as untimely taken and to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the branch of the cross-motion which is to dismiss the appeal from the order and judgment is granted, and the appeal from the order and judgment is dismissed, without costs or disbursements; and it is further,

ORDERED that the branch of the cross-motion which is to extend the time to serve and file a brief is granted to the extent that the respondent's time to file a brief on the appeal from the order is extended, and on or before March 11, 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, and that branch of the cross-motion is otherwise denied as academic.

LASALLE, P.J., CONNOLLY, GENOVESI and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court