Appellate Division: Second Judicial Department

M304176

AFA/

ANGELA G. IANNACCI, J.P.

HELEN VOUTSINAS

JANICE A. TAYLOR

LAURENCE L. LOVE, JJ.

2024-01132 U.S. Bank NA, etc., respondent, v Miriam Warshaw, et al., appellants, et al., defendants. (Index No. 613641/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated November 2, 2023. Motion by the respondent to dismiss stated portions of the appeal on the ground that the review of certain issues is precluded by the dismissal of a prior appeal for failure to timely perfect and, in effect, on the ground that they lack merit, and to strike stated portions of the appellants' brief on the ground that they raise issues that are not properly part of the appeal or, in the alternative, to extend the time to serve and file a respondent's brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before May 7, 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; and it is further,

ORDERED that the motion is otherwise denied.

IANNACCI, J.P., VOUTSINAS, TAYLOR and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court