| U.S. Bank Trust, N.A. v Bandhu |
| Motion No: 2022-03366 |
| Slip Opinion No: 2024 NY Slip Op 67954(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. |
Appellate Division: Second Judicial Department
M296464
AFA/
BETSY BARROS, J.P.
CHERYL E. CHAMBERS
WILLIAM G. FORD
CARL J. LANDICINO, JJ.
|
2022-03366 U.S. Bank Trust, N.A., etc., respondent, v Vishnu Bandhu, etc., et al., defendants, Visachu Miller, LLC, appellant. (Index No. 32986/2009)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated March 24, 2022. Motion by the appellant to strike stated portions of the respondent's brief on the ground, inter alia, that they improperly raise issues for the first time on appeal and for an extension of 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 branch of the motion which is to strike stated portions of the respondent's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted, and on or before May 27, 2024, the appellant shall serve and file the reply brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply 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