Opinion
2021-70086 Motion 2020-08876
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. Index No. 610194/2015
Unpublished Opinion
MOTION DECISION
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.