Appellate Division: Second Judicial Department

M309755

AFA/

MARK C. DILLON, J.P.

WILLIAM G. FORD

LAURENCE L. LOVE

JAMES P. MCCORMACK, JJ.

2024-09719, 2024-11854 Wells Fargo, respondent, v Willie Mae Frierson, appellant, et al., defendants. (Index No. 39756/2007)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated March 20, 2024, and July 26, 2024, respectively. Motion by the respondent to dismiss the appeal from the order dated March 20, 2024, on the ground that no appeal lies from an order denying reargument, to dismiss the appeal from the order dated July 26, 2024, on the ground that the appellant has, in effect, abandoned the appeal, or, in the alternative, to extend the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated March 20, 2024, on the ground that no appeal lies from an order denying reargument is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal from the order dated July 26, 2024, on the ground that the appellant has, in effect, abandoned the appeal is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before January 2, 2026, 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.

DILLON, J.P., FORD, LOVE and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court