U.S. Bank National Association v Relyea
Motion No: 2023-10530
Slip Opinion No: 2024 NY Slip Op 75043(U)
Decided on September 23, 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

M299404

ID/

VALERIE BRATHWAITE NELSON, J.P.

HELEN VOUTSINAS

CARL J. LANDICINO

JAMES P. MCCORMACK, JJ.

2023-10530

U.S. Bank National Association, etc.,

appellant, v Matthew Relyea, respondent,

et al., defendant.

(Index No. 2738/2011)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Dutchess County, dated August 7, 2019. Motion by the respondent to dismiss the appeal on the ground that the appeal was untimely taken or, in the alternative, 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 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 October 23, 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.

BRATHWAITE NELSON, J.P., VOUTSINAS, LANDICINO and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court