DBI/ASG Mortgage Holdings, LLC v Tachtchouk
Motion No: 2023-00749
Slip Opinion No: 2024 NY Slip Op 67902(U)
Decided on May 17, 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

M296447

AFA/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

WILLIAM G. FORD

CARL J. LANDICINO, JJ.

2023-00749

DBI/ASG Mortgage Holdings, LLC, appellant,

v Viktor Tachtchouk, et al., defendants,

Olga Tachtchouk, respondent.

(Index No. 136158/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Richmond County, dated September 29, 2022. Motion by the respondent to dismiss the appeal on the ground that the appellant is not aggrieved by the order (see CPLR 5511), or, in the alternative, to extend the time to serve and file the respondent's 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 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 June 17, 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.

BARROS, J.P., CHAMBERS, FORD and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court