Motion List released on: June 8, 2020
By Mastro, J.P., Leventhal, Maltese, Iannacci, JJ. BANK OF NEW YORK, ETC., res, v. GINA INSIGNE, ET AL., def, DESPO HOMES, INC., ET AL., nonparty-app — Appeal by Gina Insigne from an order of the Supreme Court, Suffolk County, dated April 22, 2019. Motion by the respondent to dismiss the appeal on the ground that Gina Insigne is not aggrieved by the order dated April 22, 2019, and to dismiss a purported appeal by Despo Homes, Inc., and Island Realty Services on the ground that they failed to file a notice of appeal. Cross motion by Despo Homes, Inc., and Island Realty Services to deem the notice of appeal to reflect that they are also appellants on the appeal. Application by the respondent pursuant to 22 NYCRR 1250.9(g)(1) 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, upon the papers filed in support of the cross motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is ORDERED that the cross motion is granted to the extent that the notice of appeal is deemed to reflect that Despo Homes, Inc., and Island Realty Services are the intended appellants, instead of Gina Insigne (see CPLR 2001), the record and brief filed by Gina Insigne are stricken, and on or before July 8, 2020, Despo Homes, Inc., and Island Realty Services shall serve a replacement record and replacement brief containing the points of argument on the appeal and upload digital copies of the replacement record and replacement brief, with proof of service thereof, through the digital portal on this Court’s website, and file an original and five hard copies of the replacement record and replacement brief in accordance with any applicable administrative order or other order to be issued by the Court, and the cross motion is otherwise denied; and it is further, ORDERED that the motion is denied as academic; and it is further, ORDERED that the application is granted, and on or before August 7, 2020, the respondent shall serve a respondent’s brief and upload digital copies of the respondent’s brief, with proof of service thereof, through the digital portal on this Court’s website, and file an original and five hard copies of the respondent’s brief in accordance with any applicable administrative order or other order to be issued by the Court. MASTRO, J.P., LEVENTHAL, MALTESE and IANNACCI, JJ., concur.
