Opinion
2019-12005 Index 35050/2007
06-23-2021
Wells Fargo Bank, N.A., respondent, v. Thomas Senefelder, appellant, et al., defendants.
CHERYL E. CHAMBERS, J.P. VALERIE BRATHWAITE NELSON LINDA CHRISTOPHER WILLIAM G. FORD, JJ.
M277802 E/sl
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Suffolk County, dated August 12, 2019. Motion by the respondent to dismiss the appeal for failure to comply with a decision and order on motion of this Court dated February 3, 2021, or to direct the appellant to comply with the decision and order on motion of this Court dated February 3, 2021, by a date certain. Cross motion by the appellant to extend the time to comply with the decision and order on motion of this Court dated February 3, 2021.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to direct the appellant to comply with the decision and order on motion of this Court dated February 3, 2021, by a date certain and the cross motion are granted and on or before July 23, 2021, the appellant shall serve a replacement record and a replacement appellant's brief that comply with the decision and order on motion of this Court dated February 3, 2021, and upload digital copies of the replacement record and the replacement appellant's brief, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that no further extension of time shall be granted; and it is further, ORDERED that the motion is otherwise denied; and it is further, ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is extended, and on or before August 23, 2021, the respondent shall serve a brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.
CHAMBERS, J.P, BRATHWAITE NELSON, CHRISTOPHER and FORD, JJ, concur