| Bank of New York Mellon v Celestin |
| Motion No: 2022-03475 |
| Slip Opinion No: 2025 NY Slip Op 65136(U) |
| Decided on March 21, 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
M303748
AFA/
BETSY BARROS, J.P.
LINDA CHRISTOPHER
LILLIAN WAN
DONNA-MARIE E. GOLIA, JJ.
|
2022-03475 Bank of New York Mellon, etc., respondent, v Mona Celestin, et al., defendants, Alberte Laguerre, appellant. (Index No. 33248/2015)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgment (one paper) of the Supreme Court, Rockland County, dated March 15, 2023. By decision and order on motion of this Court dated January 26, 2024, the appellant was directed to serve and file a supplemental record containing the order and judgment of the Supreme Court, Rockland County, dated March 15, 2023, and a reply brief on or before February 26, 2024. By decision and order on motion of this Court dated May 8, 2024, the time for the appellant to comply with the decision and order on motion of this Court dated January 26, 2024, was extended to June 7, 2024. Motion by the respondent to dismiss the appeal on the ground that the appellant failed to comply with the decisions and orders on motion of this Court dated January 26, 2024, and May 8, 2024. Cross-motion by the appellant, in effect, for summary reversal of the order and judgment.
Upon the papers filed in support of the motion and cross-motion and the papers filed in opposition thereto, it is
ORDERED that the motion by the respondent is denied on the condition that on or before April 21, 2025, the appellant shall serve and file a supplemental record containing the order and judgment via NYSCEF, if applicable, or, if NYSCEF is not mandated, by serving the supplemental record and uploading a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that no further extension of time shall be granted; and it is further,
ORDERED that on the Court's own motion, the time to serve and file a reply brief is extended, and on or before February 26, 2024, the appellant shall serve and file the reply brief via NYSCEF, if applicable, or if NYSCEF is not mandated, serve the reply brief and upload a digital copy of the reply brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that the cross-motion is denied.
BARROS, J.P., CHRISTOPHER, WAN and GOLIA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court