Appellate Division: Second Judicial Department

M298340

AFA/

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

PAUL WOOTEN

JANICE A. TAYLOR, JJ.

2023-01227 Bayview Loan Servicing, appellant, v Yehuda Mosbacher, et al., respondents. (Index No. 32770/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated February 1, 2023. Motion by the respondents to dismiss the appeal, inter alia, on the ground that it has been rendered academic or, in the alternative, to strike stated portions of the record and appellant's brief on the ground that they contain and refer to matters dehors the record and to extend the time to serve and file a brief.

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 dismiss the appeal, inter alia, on the ground that it has been rendered academic or, in the alternative, to strike stated portions of the record and appellant's brief on the ground that they contain and refer to matters dehors the record are 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 brief is granted, and on or before September 6, 2024, the respondents shall serve and file the respondents' 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.

CHAMBERS, J.P., MILLER, WOOTEN and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court