| U.S. Bank National Association v Berry |
| Motion No: 2024-00401 |
| Slip Opinion No: 2025 NY Slip Op 82105(U) |
| Decided on December 10, 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
M309918
AFA/
COLLEEN D. DUFFY, J.P.
PAUL WOOTEN
LAURENCE L. LOVE
PHILLIP HOM, JJ.
|
2024-00401 U.S. Bank National Association, etc., respondent, v Barbara Berry, et al., defendants, Hugues Mathieu, appellant. (Index No. 701557/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated September 25, 2023. Motion by the respondent to dismiss the appeal on the ground that the appellant failed to comply with a decision and order on motion of this Court dated July 9, 2025, or, in the alternative, to extend the time to serve and file a brief. Cross-motion by the appellant to extend the time to comply with the decision and order on motion dated July 9, 2025, for leave to serve and file a supplemental appendix containing certain material, for leave to omit certain material from the replacement appendix, and to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal.
Upon the papers filed in support of the motion and the papers filed in relation thereto, and upon the papers filed in support of the cross-motion and the papers filed in opposition thereto, it is
ORDERED that the cross-motion is granted to the extent that on or before January 9, 2026, the appellant shall serve and file a replacement appendix that does not contain pages A639 through 679 and pages 687 through 714 and that does contain Supreme Court NYSCEF Document Nos. 159 through 163 and is in all other respects the same as the appendix previously filed via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement appendix and upload digital copies of the replacement appendix, with proof of service thereof, through the digital portal on this Court's website; 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 February 9, 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; and it is further,
ORDERED that the motion is otherwise denied.
DUFFY, J.P., WOOTEN, LOVE and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court