| Deutsche Bank National Trust Company v Kaplan |
| Motion No: 2024-10878 |
| Slip Opinion No: 2025 NY Slip Op 79421(U) |
| Decided on October 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
M308934
AFA/
COLLEEN D. DUFFY, J.P.
DEBORAH A. DOWLING
LILLIAN WAN
PHILLIP HOM, JJ.
|
2024-10878, 2024-12193 Deutsche Bank National Trust Company, etc., appellant, v Bruce H. Kaplan, respondent, et al., defendants. (Index No. 11319/2008)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Suffolk County, dated August 7, 2024, and a judgment of the same court dated September 6, 2024. Motion by the respondent to dismiss the appeals on the ground that the appellant is not aggrieved. Motion by the appellant to stay enforcement of the judgment, pending hearing and determination of the appeals. Separate motion by the respondent to strike stated portions of the appellant's brief on the ground that it refers to matter dehors the record and to impose sanctions upon the appellant. 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 appeals and the papers filed in opposition thereto, upon the papers filed in support of the motion to stay enforcement of the judgment, pending hearing and determination of the appeals, and the motion to strike stated portions of the appellant's brief on the ground that it refers to matter dehors the record, and the papers filed in opposition and in relation thereto, and upon the papers find in support of the motion to extend the time to serve and filed a brief and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion by the respondent to extend the time to serve and file a brief is granted, and on or before November 28, 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 motions are otherwise denied.
DUFFY, J.P., DOWLING, WAN and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court