Deutsche Bank Trust Company Americas v Lee
Motion No: 2021-08162
Slip Opinion No: 2025 NY Slip Op 60423(U)
Decided on January 10, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M302029

AFA/

ANGELA G. IANNACCI, J.P.

LINDA CHRISTOPHER

LILLIAN WAN

LAURENCE L. LOVE, JJ.

2021-08162, 2023-09563

Deutsche Bank National Trust Company

Americas, respondent, v Jung Lee,

et al., appellants, et al., defendant.

(Index No. 705969/2015)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Queens County, dated September 29, 2021, and April 17, 2023, respectively. By decision and order on motion of this Court dated July 3, 2024, the appellants were directed to serve and file a replacement brief which contains Appellate Division Docket No. 2023-09563 in addition to Appellate Division Docket No. 2021-08162 on the cover, and a replacement record which contains Appellate Division Docket No. 2023-09563 in addition to Appellate Division Docket No. 2021-08162 on the cover and which also contains the order dated April 17, 2023, and the notice of appeal from the order dated April 17, 2023. The appellants have not filed the replacement brief or the replacement record. By order to show cause dated November 13, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeals for failure to comply with the decision and order on motion of this Court dated July 3, 2024. Application by the appellants to extend the time to comply with the decision and order on motion of this Court dated July 3, 2024.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is it is

ORDERED that motion to dismiss the appeals is denied; and it is further,

ORDERED that the application is granted, the appellants' time to comply with the decision and order on motion of this Court dated July 3, 2024, is extended, and on or before February 10, 2025, the appellants shall serve and file a replacement brief which contains Appellate Division Docket No. 2023-09563 in addition to Appellate Division Docket No. 2021-08162 on the cover, and a replacement record which contains Appellate Division Docket No. 2023-09563 in addition to Appellate Division Docket No. 2021-08162 on the cover and which also contains the order dated April 17, 2023, and the notice of appeal from the order dated April 17, 2023.

IANNACCI, J.P., CHRISTOPHER, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court