Appellate Division: Second Judicial Department

M306222

AFA/

ANGELA G. IANNACCI, J.P.

DEBORAH A. DOWLING

BARRY E. WARHIT

LAURENCE L. LOVE, JJ.

2024-00089 Green Tree Servicing LLC, respondent, v Shahana Islam, appellant, et al., defendants. (Index No. 705006/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated November 17, 2023. Motion by the respondent to dismiss the appeal on the ground 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 dated November 17, 2023, pursuant to Bray v Cox (38 NY2d 350). Separate motion by the respondent to extend the time to serve and file a brief.

Upon the papers filed in support of the motion to dismiss the appeal and the papers filed in opposition thereto, and upon the papers filed in support of the motion 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 to dismiss the appeal on the ground 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 dated November 17, 2023, pursuant to Bray v Cox (38 NY2d 350), is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion to extend the time to serve and file a brief is granted, and on or before July 30, 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.

IANNACCI, J.P., DOWLING, WARHIT and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court