Appellate Division: Second Judicial Department

M302747

AFA/

ANGELA G. IANNACCI, J.P.

WILLIAM G. FORD

DEBORAH A. DOWLING

PHILLIP HOM, JJ.

2024-06323 Bank of New York Mellon, respondent, v Nance Martelli Hutter, appellant, et al., defendants. (Index No. 52869/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Westchester County, dated December 15, 2023. Motion by the appellant, in effect, to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal. Motion by the respondent to strike the appellant's brief on the ground that it raises arguments for the first time on appeal or, in the alternative, to extend the time to serve and file a brief.

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

ORDERED that the motion by the appellant is denied; and it is further,

ORDERED that the branch of the motion by the respondent which is to strike the appellant's brief is denied; and it is further,

ORDERED that the branch of the motion by the respondent which is to extend the time to serve and file a brief is granted, and on or before March 12, 2025, 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.

IANNACCI, J.P., FORD, DOWLING and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court