| U.S. Bank Trust National Association v Peykar |
| Motion No: 2023-11834 |
| Slip Opinion No: 2024 NY Slip Op 76300(U) |
| Decided on October 11, 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
M299925
KS/
FRANCESCA E. CONNOLLY, J.P.
WILLIAM G. FORD
HELEN VOUTSINAS
PHILLIP HOM, JJ.
|
2023-11834 U.S. Bank Trust National Association, etc., appellant, v Mitch Peykar, respondent, et al., defendants. (Index No. 715382/2022)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Queens County, dated October 23, 2023. Motion by the respondent to dismiss the appeal on the ground that no appeal lies from a decision 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 on the ground that no appeal lies from a decision 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 November 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.
CONNOLLY, J.P., FORD, VOUTSINAS and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court