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U.S. Bank v. Navarro

Supreme Court of New York, Second Department
Feb 28, 2024
2024 N.Y. Slip Op. 63200 (N.Y. App. Div. 2024)

Opinion

Motion No. 2022-06542 Index No. 702449/2016

02-28-2024

U.S. Bank, N.A., etc., appellant, v. Norberto Navarro, respondent, et al., defendants.


Unpublished Opinion

MOTION DECISION

M294528

COLLEEN D. DUFFY, J.P. LINDA CHRISTOPHER LARA J. GENOVESI LOURDES M. VENTURA, JJ.

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated June 30, 2022, which was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal and to extend the time to perfect the appeal. Motion by the respondent to dismiss the appeal on the ground that the appeal was not timely perfected or, in the alternative, to extend the time to serve and file a brief.

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

ORDERED that the motion by the appellant is granted, the dismissal of the appeal pursuant to 22 NYCRR 1250.10(a) is vacated, and on or before March 29, 2024, the appellants shall and serve and file the record or appendix and the appellants' 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; and it is further, ORDERED that the branch of the motion by the respondent which is to dismiss the appeal is denied; and it is further, ORDERED that the branch of the motion by the respondent which is to extend the time to serve and file a respondents' brief is denied as premature.

DUFFY, J.P., CHRISTOPHER, GENOVESI and VENTURA, JJ., concur.


Summaries of

U.S. Bank v. Navarro

Supreme Court of New York, Second Department
Feb 28, 2024
2024 N.Y. Slip Op. 63200 (N.Y. App. Div. 2024)
Case details for

U.S. Bank v. Navarro

Case Details

Full title:U.S. Bank, N.A., etc., appellant, v. Norberto Navarro, respondent, et al.…

Court:Supreme Court of New York, Second Department

Date published: Feb 28, 2024

Citations

2024 N.Y. Slip Op. 63200 (N.Y. App. Div. 2024)