| Deutsche Bank National Trust Company v Fales |
| Motion No: 2024-10675 |
| Slip Opinion No: 2025 NY Slip Op 77550(U) |
| Decided on September 29, 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
M308259
AFA/
BETSY BARROS, J.P.
PAUL WOOTEN
LAURENCE L. LOVE
SUSAN QUIRK, JJ.
|
2024-10675 Deutsche Bank National Trust Company, etc., respondent, v Susan R. Fales, etc., et al., defendants, Lorraine S. Moller, appellant. (Index No. 11580/2008)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated June 14, 2024. Motion by the appellant, in effect, to stay the sale of the subject property, pending hearing and determination of the appeal. Separate motion by the appellant to deem the notice of appeal to reflect that the appeal is taken from an order and judgment (one paper) of the Supreme Court, Suffolk County, dated June 14, 2024. Motion by the respondent to extend the time to serve and file a brief.
Upon the papers filed in support of the motion to stay the sale of the subject property, pending hearing and determination of the appeal and the papers filed in opposition thereto, and upon the papers filed in support of the motion to deem the notice of appeal to reflect that the appeal is taken from the order and judgment and 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 stay the sale of the subject property is granted, and the sale of the subject property is stayed, pending hearing and determination of the appeal; and it is further,
ORDERED that the motion to deem the notice of appeal to reflect the appeal is taken from an order and judgment of the Supreme Court, Suffolk County, dated June 14, 2024, is granted, and the notice of appeal is deemed to reflect that the appeal is from the judgment of the Supreme Court, Suffolk County, dated June 14, 2024 (see CPLR 2001; Matter of Tagliaferri, 1 NY3d 605); and it is further,
ORDERED that the motion to extend the time to serve and file a brief is granted, and on or before October 29, 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.
BARROS, J.P., WOOTEN, LOVE and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court