Opinion
2021-67280 Motion 2019-04427 2019-04428
06-04-2021
Wells Fargo Bank, NA, respondent, v. Jean R. Daniel, et al., appellants, et al., defendants. Wells Fargo Bank, NA, respondent, Index No. 605788/2016
Unpublished Opinion
MOTION DECISION
REINALDO E. RIVERA, J.P. LEONARD B. AUSTIN COLLEEN D. DUFFY BETSY BARROS, JJ.
DECISION & ORDER ON MOTION
Appeals from an order and judgment (one paper) and an order of the Supreme Court, Suffolk County, both dated January 28, 2019. Motion by the respondent to dismiss the appeal from the order and judgment on the ground that it has been vacated 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 and judgment 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 respondent's time to serve and file a brief is granted, and on or before July 6, 2021, 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.
RIVERA, J.P., AUSTIN, DUFFY and BARROS, JJ., concur.