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Bank of N.Y. Mellon Tr. Co. v. Gambino

Supreme Court of New York, Appellate Division, Second Department
Aug 9, 2021
No. 2020-08876 (N.Y. App. Div. Aug. 9, 2021)

Opinion

2020-08876 Index 610194/2015

08-09-2021

Bank of New York Mellon Trust Company, N.A., etc., respondent, v. Daniel Gambino, etc., et al., defendants; Armand Retamozzo, nonparty-appellant.


M278603 MB/

LEONARD B. AUSTIN, J.P., LINDA CHRISTOPHER, LARA J. GENOVESI WILLIAM G. FORD, JJ.

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated October 8, 2020. Motion by the respondent, inter alia, to dismiss the appeal on the ground that the appellant is not aggrieved by the order or, in the alternative, for an extension of 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 on the ground that the appellant is not aggrieved is denied; 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 September 9, 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; and it is further, ORDERED that the motion is otherwise denied.

AUSTIN, J.P., CHRISTOPHER, GENOVESI and FORD, JJ., concur.


Summaries of

Bank of N.Y. Mellon Tr. Co. v. Gambino

Supreme Court of New York, Appellate Division, Second Department
Aug 9, 2021
No. 2020-08876 (N.Y. App. Div. Aug. 9, 2021)
Case details for

Bank of N.Y. Mellon Tr. Co. v. Gambino

Case Details

Full title:Bank of New York Mellon Trust Company, N.A., etc., respondent, v. Daniel…

Court:Supreme Court of New York, Appellate Division, Second Department

Date published: Aug 9, 2021

Citations

No. 2020-08876 (N.Y. App. Div. Aug. 9, 2021)