Appellate Division: Second Judicial Department

M297029

AFA/

COLLEEN D. DUFFY, J.P.

FRANCESCA E. CONNOLLY

PAUL WOOTEN

LOURDES M. VENTURA, JJ.

2022-01591 Everhome Mortgage Co., etc., respondent, v Nuchem Aber, appellant, et al., defendants. (Index No. 2415/2009)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Kings County, dated January 28, 2022. Motion by the respondent to dismiss the appeal on the ground that the appellant is not aggrieved by the judgment or, in the alternative, to extend the time to serve and file a brief. Cross-motion by the appellant to substitute his successor-in-interest as the appellant and to amend the caption accordingly.

Upon the papers filed in support of the motion and cross-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 July 12, 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; and it is further,

ORDERED that the cross-motion is denied as unnecessary (see CPLR 1018).

DUFFY, J.P., CONNOLLY, WOOTEN and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court