| Deutsche Bank National Trust Company v Vasquez |
| Motion No: 2020-09705 |
| Slip Opinion No: 2024 NY Slip Op 68411(U) |
| Decided on May 29, 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
M296697
AFA/
BETSY BARROS, J.P.
JOSEPH J. MALTESE
PAUL WOOTEN
LAURENCE L. LOVE, JJ.
|
2020-09705 Deutsche Bank National Trust Company, etc., appellant, v Lisa Vasquez, as administrator of the estate of James Mauro, etc., respondent, et al., defendants. (Index No. 4912/2013)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, dated August 15, 2019. Motion by Lisa Vasquez, as administrator of the estate of James Mauro, to be substituted for the deceased respondent James Mauro, to amend the caption accordingly, to vacate the stay that arose upon the death of the deceased respondent James Mauro, and to dismiss the appeal for failure to timely perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branches of the motion which are to substitute Lisa Vasquez, as the administrator of the estate of James Mauro, to amend the caption accordingly, and to vacate the stay that arose upon the death of the deceased respondent James Mauro are granted, Lisa Vasquez, as administrator of the estate of James Mauro is substituted for the deceased respondent James Mauro, the caption is amended accordingly, and the stay which arose upon the death of the deceased respondent James Mauro, is vacated; and it is further,
ORDERED that the branch of the motion which is to dismiss the appeal for failing to timely perfect the appeal is denied; and it is further,
ORDERED that on the Court's own motion, the time to perfect the appeal is extended, and on or before June 28, 2024, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.
BARROS, J.P., MALTESE, WOOTEN and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court