Bank of America, N.A. v Edouard
Motion No: 2023-10406
Slip Opinion No: 2024 NY Slip Op 77813(U)
Decided on November 4, 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

M300494

ID/

COLLEEN D. DUFFY, J.P.

PAUL WOOTEN

JANICE A. TAYLOR

PHILLIP HOM, JJ.

2023-10406

Bank of America, N.A., appellant, v Jocelyn

Edouard, etc., et al., respondents, et al.,

defendants.

(Index No. 13422/2013)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated February 28, 2023, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before November 19, 2024, the appellant shall and 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.

DUFFY, J.P., WOOTEN, TAYLOR and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court