| Bank of America, National Association v Stair |
| Motion No: 2022-07169 |
| Slip Opinion No: 2024 NY Slip Op 69040(U) |
| Decided on June 7, 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
M296918
AFA/
VALERIE BRATHWAITE NELSON, J.P.
JOSEPH J. MALTESE
HELEN VOUTSINAS
LAURENCE L. LOVE, JJ.
|
2022-07169 Bank of America, National Association, respondent, v Duane Stair, et al., appellants, et al., defendants. (Index No. 12615/2014)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated June 14, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by Duane Stair and Ricardo Francis to deem the notice of appeal to reflect that they are the appealing parties and that Angelyn D. Johnson & Associates filed the notice of appeal on their behalf and, in effect, to vacate the dismissal of the appeal and to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to deem the notice of appeal to reflect that Duane Stair and Ricardo Francis are the appealing parties and that Angelyn D. Johnson & Associates filed the notice of appeal on their behalf is granted, the notice of appeal is deemed to reflect that Duane Stair and Ricardo Francis are the appealing parties and that Angelyn D. Johnson & Associates filed the notice of appeal on their behalf (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605), and the caption is amended accordingly; and it is further,
ORDERED that the branches of the motion which are, in effect, to vacate the dismissal of the appeal and to extend the time to perfect the appeal are granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before August 6, 2024, the appellants shall and serve and file the record or appendix and the appellants' 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.
BRATHWAITE NELSON, J.P., MALTESE, VOUTSINAS and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court