Bank of New York Mellon v Silverberg
Motion No: 2023-10664
Slip Opinion No: 2024 NY Slip Op 72560(U)
Decided on August 14, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M298531

AFA/

CHERYL E. CHAMBERS, J.P.

LINDA CHRISTOPHER

JANICE A. TAYLOR

CARL J. LANDICINO, JJ.

2023-10664, 2023-10666, 2023-10667

Bank of New York Mellon, etc., respondent-appellan

v Stephen Silverberg, etc., et al., appellants-responde

et al., defendant.

(Index No. 62904/2014)

DECISION & ORDER ON MOTION

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nts,

Appeal and cross-appeal from an order of the Supreme Court, Suffolk County, dated November 18, 2022, and appeals from two orders of the same court, both dated July 17, 2023. Motion by the appellants-respondents to dismiss the cross-appeal, inter alia, on the ground that it has been rendered academic. Separate motion by the appellants-respondents to extend the time to perfect the appeals. Application by the respondent-appellant to withdraw the cross-appeal.

Upon the papers filed in support of the motion to dismiss the cross-appeal and the papers filed in relation thereto, upon the papers filed in support of the motion to extend the time to perfect the appeals and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the application and the papers filed in opposition thereto, it is

ORDERED that the application to withdraw the cross-appeal is granted, and the cross-appeal is deemed withdrawn; and it is further,

ORDERED that the motion to dismiss the cross-appeal is denied as academic; and it is further,

ORDERED that the motion to extend the time to perfect the appeals is granted, and on or before September 13, 2024, the appellants shall 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 appellants' brief and upload digital copies of the record or appendix and the appellants' brief, with proof of service thereof, through the digital portal on this Court's website.

CHAMBERS, J.P., CHRISTOPHER, TAYLOR and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court