| Bank of New York Mellon v Holmes |
| Motion No: 2023-05758 |
| Slip Opinion No: 2025 NY Slip Op 60110(U) |
| Decided on January 6, 2025 |
| 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
M301852
AFA/
FRANCESCA E. CONNOLLY, J.P.
ROBERT J. MILLER
DEBORAH A. DOWLING
CARL J. LANDICINO, JJ.
|
2023-05758 Bank of New York Mellon, etc., respondent, v Keith Holmes, etc., appellant, et al., defendants. (Index No. 55972/2015)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgment (one paper) of the Supreme Court, Westchester County, dated April 12, 2023. Motion by the respondent, in effect, for leave to serve and file a respondent's appendix.
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 denied as unnecessary (see CPLR 5528[b]; 22 NYCRR 1250.9[c]); and it is further,
ORDERED that on the Court's own motion, the respondent's time to serve and file a respondent's appendix (see CPLR 5528; 22 NYCRR 1250.9[c]), is extended, and on or before February 5, 2025, the respondent shall serve and file the respondent's appendix in the form appended to the motion papers via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the respondent's appendix and upload a digital copy of the respondent's appendix, with proof of service thereof, through the digital portal on this Court's website.
CONNOLLY, J.P., MILLER, DOWLING and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court