MTAG v Brown
Motion No: 2025-00258
Slip Opinion No: 2026 NY Slip Op 63985(U)
Decided on March 11, 2026
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M311823

ID/

LARA J. GENOVESI, J.P.

BARRY E. WARHIT

DONNA-MARIE E. GOLIA

PHILLIP HOM, JJ.

2025-00258

MTAG, etc., plaintiff-respondent, v Daniel

C. Brown, defendant, Sandra Morrison,

defendant-appellant, Wells Fargo Bank N.A.,

etc., et al., defendants-respondents; Derrick

Modella, nonparty-respondent.

(Index No. 2241/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated November 14, 2024. Motion by the appellant to stay the sale of the subject property, pending hearing and determination of the appeal. Separate motion by the appellant, inter alia, to stay the sale of the subject property, pending hearing and determination of the appeal. Motion by the plaintiff-respondent to dismiss the appeal on the ground that it has been rendered academic. Application by the respondent to extend the time to serve and file a brief.

Upon the papers filed in support of the motions by the appellant and the papers filed in opposition thereto, and upon the papers filed in support of the motion by the plaintiff-respondent and the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motions are denied; and it is further,

ORDERED that the application is granted, and on or before April 10, 2026, the plaintiff-respondent shall serve and file the plaintiff-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.

GENOVESI, J.P., WARHIT, GOLIA and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court