Opinion
Motion No. 2022-06079 Index No. 10672/2014
03-15-2023
Wilmington Trust National Association, etc., respondent, v. Marlene Brandstetter, et al., appellants, et al., defendants.
Unpublished Opinion
MOTION DECISION
M287863
MARK C. DILLON, J.P., COLLEEN D. DUFFY, LINDA CHRISTOPHER, JOSEPH A. ZAYAS, JJ.DECISION & ORDER ON MOTION
Appeal from an amended order and judgment (one paper) of the Supreme Court, Nassau County, dated May 20, 2022. Motion by the respondent to dismiss the appeal on the ground that the dismissal of a prior appeal for failure to timely perfect precludes consideration of the issues to be raised on the appeal from the order dated May 20, 2022, pursuant to Bray v Cox (38 N.Y.2d 350) or, in the alternative, to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; 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 April 14, 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.
DILLON, J.P., DUFFY, CHRISTOPHER and ZAYAS, JJ., concur.