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Appellate Division, Second Department: December 16, 2019

Appellate Division, Second Department: December 16, 2019

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Motion List released on: December 16, 2019

By Scheinkman, P.J.; Hinds-Radix, Barros and Wooten, JJ. Deutsche Bank National Trust Company, res, v. Vickie Smith ap, et al., def — Motion by the respondent to dismiss stated portions of appeals from a judgment of the Supreme Court, Nassau County, entered September 8, 2017, and an order of the same court entered September 12, 2017, on the ground that the review of certain issues is precluded by the dismissal of a prior appeal for failure to timely perfect, or, in the alternative, to extend the 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 appeals is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further, ORDERED that the branch of the motion which is to extend the respondent’s time to serve and file a brief is granted, the respondent’s time to serve and file a brief is extended until January 15, 2020, and the respondent’s brief shall be served and filed on or before that date. SCHEINKMAN, P.J., HINDS-RADIX, BARROS and WOOTEN, JJ., concur.

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