| Opteum Financial Services LLC v Einersen |
| Motion No: 2023-11573 |
| Slip Opinion No: 2024 NY Slip Op 72029(U) |
| Decided on August 2, 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
M298226
AFA/
CHERYL E. CHAMBERS, J.P.
PAUL WOOTEN
JANICE A. TAYLOR
LOURDES M. VENTURA, JJ.
|
2023-11573 Opteum Financial Services LLC, appellant, v Michael Einersen, etc., et al., respondents, et al., defendant. (Index No. 22939/2007)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated October 24, 2017. Motion by the respondents, inter alia, to dismiss the appeal, in effect, on the ground that the appeal has been rendered academic. Application by the appellant to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and the application and the papers filed in opposition thereto, it is
ORDERED that the motion 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 application is granted, and on or before October 1, 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.
CHAMBERS, J.P., WOOTEN, TAYLOR and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court