Appellate Division: Second Judicial Department

M305897

AFA/

CHERYL E. CHAMBERS, J.P.

PAUL WOOTEN

DEBORAH A. DOWLING

LAURENCE L. LOVE, JJ.

2022-04276 Flushing Bank, etc., respondent, v Angel Sabi, etc., appellant, et al., defendants. (Index No. 603718/2021)

DECISION & ORDER ON MOTION

2024-03987

Flushing Bank, etc., respondent,

v Angel Sabi, etc., appellant, et al.,

defendants.

(Index No. 603718/2021)

Appeals from an order of the Supreme Court, Nassau County, dated April 25, 2022, and an order and judgment (one paper) of the same court dated February 29, 2024. Motion by the respondent to dismiss the appeal from the order and judgment, inter alia, in effect, on the ground that the appeal from the order and judgment was untimely taken. Cross-motion by the appellant to deem the notice of appeal from the order and judgment to reflect, inter alia, that Joseph A. Jacobson is the e-filing user for the notice of appeal. Separate motion by the respondent to extend the time to serve and file a brief on the appeal from the order and judgment. Motion by the appellant to stay the sale of the subject property, pending hearing and determination of the appeals.

Upon the papers filed in support of the motion by the respondent to dismiss the appeal from the order and judgment, the cross-motion, and the motion by the appellant to stay the sale of the subject property, pending hearing and determination of the appeals, and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the respondent to extend the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion by the respondent to dismiss the appeal from the order and judgment is denied; and it is further,

ORDERED that the cross-motion is denied as unnecessary; and it is further,

ORDERED that the motion by the respondent to extend the time to serve and file a brief on the appeal from the order and judgment is granted, and on or before July 16, 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 by the appellant to stay the sale of the subject property is granted, and the sale of the subject property is stayed, pending hearing and determination of the appeals.

CHAMBERS, J.P., WOOTEN, DOWLING and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court