Opinion
Motion No 2022-09867 Index No. 500406/2018
08-30-2023
Deutsche Bank National Trust Company, etc., respondent, v. Nicole Potenza, et al., defendants, North Side Funding Corp., appellant (and a third-party action)
Unpublished Opinion
MOTION DECISION
M290800
COLLEEN D. DUFFY, J.P., PAUL WOOTEN, BARRY E. WARHIT CARL J. LANDICINO, JJ.
DECISION & ORDER ON MOTION
Appeal from an order and judgment (one paper) of the Supreme Court, Putnam County, dated November 28, 2022. Motion by the appellant for leave to serve and file a supplemental brief and for a preference in the calendaring of the appeal. Motion by the respondent to extend the time to serve and file a brief.
Upon the papers filed in support of the motion, inter alia, for leave to serve and file a supplemental brief and the papers filed in opposition thereto, and upon the papers filed in support of the motion to extend the time to serve and file a brief and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is for leave to serve and file a supplemental brief is granted to the extent that the appellant's brief is stricken, and on or before September 19, 2023, the appellant shall serve and file a replacement brief which discusses the issues raised by the Foreclosure Abuse Prevention Act, L 2022, ch 821, but is in all other respects the same in content as the original brief and raises no other new issues, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement brief and upload a digital copy of the replacement brief, with proof of service thereof, through the digital portal on this Court's website, and that branch of the motion is otherwise denied; and it is further, ORDERED that the branch of the motion which is for a preference is denied; and it is further, ORDERED that the motion to extend the time to file a respondent's brief is granted, and on or before October 19, 2023, 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.
DUFFY, J.P., WOOTEN, WARHIT and LANDICINO, JJ., CONCUR.