Appellate Division: Second Judicial Department

M303095

KS/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

COLLEEN D. DUFFY

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2022-09867 Deutsche Bank National Trust Company, etc., respondent, v Nicole Potenza, et al., defendants, North Side Funding Corp., appellant (and a third-party action). (Index No. 500406/2018)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Putnam County, dated November 28, 2022. The respondent has brought into question the constitutionality of the Foreclosure Abuse Prevention Act, L 2022, ch 821, notice of which the Attorney General is required to receive pursuant to Executive Law § 71.

Now, on the Court's own motion, pursuant to Executive Law § 71(1), it is

ORDERED that on or before March 3, 2025, the respondent shall serve copies of the appellant's brief, the respondent's brief, and this decision and order on motion upon the Attorney General, by one of the methods specified in CPLR 2103(b)(1), (3), (6), or (7), and shall file proof of service via NYSCEF; and it is further,

ORDERED that on or before April 2, 2025, the Attorney General shall either (1) notify this Court, in writing, filed via email at [email protected], that the Attorney General declines to intervene on this appeal, or (2) serve and file a brief in support of the constitutionality of the Foreclosure Abuse Prevention Act, L 2022, ch 821, via NYSCEF; and it is further,

ORDERED that in the event the Attorney General elects to file a brief, the appellant and the respondent may each serve and file a brief in response, via NYSCEF, within two weeks after service upon them of the Attorney General's brief, if so advised.

LASALLE, P.J., DILLON, DUFFY, BARROS and CONNOLLY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court