| Bank of America v Castro |
| Motion No: 2024-01543 |
| Slip Opinion No: 2025 NY Slip Op 69411(U) |
| Decided on May 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
M305284
SA/
ANGELA G. IANNACCI, J.P.
ROBERT J. MILLER
DEBORAH A. DOWLING
LAURENCE L. LOVE, JJ.
|
2024-01543 Bank of America, etc., respondent, v Jose L. Castro, et al., defendants; Toro Property Management, nonparty-appellant. (Index No. 604827/2017)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated January 8, 2024, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the nonparty-appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before July 21, 2025, the nonparty-appellant shall serve and file the record or appendix and the nonparty-appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the nonparty-appellant's brief and upload digital copies of the record or appendix and the nonparty-appellant's brief, with proof of service thereof, through the digital portal on this Court's website.
IANNACCI, J.P., MILLER, DOWLING and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court