Wilmington Savings Fund Society, FSB v Kelly
Motion No: 2022-03657
Slip Opinion No: 2024 NY Slip Op 64754(U)
Decided on March 25, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M295165

AFA/

COLLEEN D. DUFFY, J.P.

WILLIAM G. FORD

BARRY E. WARHIT

LAURENCE L. LOVE, JJ.

2022-03657, 2022-09105

Wilmington Savings Fund Society, FSB, etc.,

plaintiff-respondent, v Anthony W. Kelly,

et al., defendants; Armand Retamozzo,

intervenor-appellant; Brandon Gorkey, et al.,

nonparty-respondents.

(Index No. 613616/2018)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Suffolk County, dated April 12, 2022, and September 22, 2022, respectively. Motion by the appellant, inter alia, to strike the brief filed by the plaintiff-respondent or, in the alternative, 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 motion is denied.

DUFFY, J.P., FORD, WARHIT and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court