| Federal National Mortgage Association v McDonald |
| Motion No: 2023-02434 |
| Slip Opinion No: 2024 NY Slip Op 78337(U) |
| Decided on November 15, 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
M300719
KS/
BETSY BARROS, J.P.
LARA J. GENOVESI
JANICE A. TAYLOR
DONNA-MARIE E. GOLIA, JJ.
|
2023-02434 Federal National Mortgage Association, respondent, v Valerie McDonald, appellant, et al., defendants. (Index No. 11111/2011)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated February 17, 2023. Motion by the respondent to dismiss the appeal, inter alia, on the grounds that no appeal lies from an order entered upon the default of the appealing party and that the record is inadequate or, in the alternative, to extend the time to serve and file a brief.
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 branch of the motion which is to extend the time to serve and file a brief is granted, and on or before December 16, 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; and it is further,
ORDERED that the motion is otherwise denied.
BARROS, J.P., GENOVESI, TAYLOR and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court