| Deutsche Bank National Trust Company v Marcella |
| Motion No: 2024-10202 |
| Slip Opinion No: 2025 NY Slip Op 78470(U) |
| Decided on October 15, 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
M308610
AFA/
COLLEEN D. DUFFY, J.P.
ROBERT J. MILLER
LOURDES M. VENTURA
PHILLIP HOM, JJ.
|
2024-10202 Deutsche Bank National Trust Company, appellant, v James J. Marcella, etc., et al., respondents, et al., defendants. (Index No. 22992/2009)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated August 18, 2017. Motion by the respondents to dismiss the appeal on the ground that the appeal was untimely taken. Application by the appellant to extend the time to perfect the appeal.
Upon the papers filed in support of the motion and the papers filed in opposition and in relation thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted, and on or before November 14, 2025, the appellant shall serve and file the record or appendix and the appellant's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the record or appendix and the appellant's brief and upload digital copies of the record or appendix and the appellant's brief, with proof of service thereof, through the digital portal on this Court's website.
DUFFY, J.P., MILLER, VOUTSINAS and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court