Appellate Division: Second Judicial Department

M305783

AFA/

VALERIE BRATHWAITE NELSON, J.P.

LINDA CHRISTOPHER

JANICE A. TAYLOR

JAMES P. MCCORMACK, JJ.

2024-07098 Wells Fargo Bank, N.A., plaintiff-respondent, v Willie Mae Frierson, respondent-appellant, et al., defendants; Green Builders NYC1, LLC, nonparty appellant-respondent. (Index No. 39756/2007)

DECISION & ORDER ON MOTION

Appeal and cross-appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated June 5, 2023. The appeal was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant-respondent pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Separate motion by the appellant-respondent to stay all proceedings in the above-entitled action and to stay the sale of the subject premises, pending hearing and determination of the appeal and cross-appeal. Cross-motion by the plaintiff-respondent to dismiss the appeal on the ground that the appellant-respondent is not aggrieved by the order and judgment and that the dismissal of a prior appeal for failure to timely perfect precludes consideration of the issues to be raised on the appeal from the order and judgment, pursuant to Bray v Cox (38 NY2d 350).

Upon the papers filed in support of the motion to stay all proceedings and the sale of the subject premises and the papers filed in opposition thereto, and upon the papers filed in support of the motion to vacate the dismissal of the appeal and to extend the time to perfect the appeal and the cross-motion and the papers filed in opposition and in relation thereto, it is

ORDERED that the cross-motion is held in abeyance and referred to the panel of Justices hearing the appeal and cross-appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion by the appellant-respondent to vacate the dismissal of the appeal and to extend the time to perfect the appeal is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before July 11, 2025, the appellant-respondent shall and serve and file the joint record or appendix and the appellant-respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the joint record or appendix and the appellant-respondent's brief and upload digital copies of the joint record or appendix and the appellant-respondent's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion by appellant-respondent to stay all proceedings in the above-entitled action and to stay the sale of the subject premises, pending hearing and determination of the appeal and cross-appeal is denied.

BRATHWAITE NELSON, J.P., CHRISTOPHER, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court