| Onewest Bank, FSB v Postiglione |
| Motion No: 2023-00032 |
| Slip Opinion No: 2024 NY Slip Op 65964(U) |
| Decided on April 15, 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
M295776
AFA/
BETSY BARROS, J.P.
PAUL WOOTEN
BARRY E. WARHIT
LOURDES M. VENTURA, JJ.
|
2023-00032, 2023-00033, 2023-08559 Onewest Bank, FSB, respondent, v Anthony Postiglione, etc., et al., defendants, Robin Postiglione, etc., appellant. (Index No. 8860/2010)
| DECISION & ORDER ON MOTION |
Appeals from three orders of the Supreme Court, Suffolk County, two dated December 17, 2021, and one dated May 24, 2023, respectively. Motion by the respondent to dismiss the appeal from the order dated May 24, 2023, on the ground that no appeal lies from an order denying reargument, and to extend the time to serve and file a 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 dismiss the appeal from the order dated May 24, 2023, is denied; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before May 15, 2024, the respondent shall serve and file its 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.
BARROS, J.P., WOOTEN, WARHIT and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court