Tischler v JP Morgan Chase Bank, N.A.
Motion No: 2006-11997
Slip Opinion No: 2007 NYSlipOp 77482(U)
Decided on September 7, 2007
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M59337

E/sl

GABRIEL M. KRAUSMAN, J.P.

MARK C. DILLON

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2006-11997

Regina Tischler, et al., respondents,

v JP Morgan Chase Bank, N.A., appellant.

(Index No. 35101/02)

DECISION & ORDER ON MOTION

Motion by the respondent Esther Tischler to hold in abeyance an appeal from an order of the Supreme Court, Kings County, dated October 17, 2006, and to enlarge the time to serve and file a brief. Separate motion by the respondent Regina Tischler to strike the record on appeal as incomplete or to direct the appellant to serve and file a supplemental record and to enlarge the time to serve and file a brief. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motions, and the application and the papers filed in opposition thereto and upon the application, it is

ORDERED that the branch of the motion which is to strike the record on appeal or to direct the appellant to serve and file a supplemental record is granted to the extent that on or before September 28, 2007, the appellant shall serve and file a supplemental record containing the opposition papers of the respondent Regina Tischler and the appellant's reply papers which were submitted to the Supreme Court in connection with the motion that resulted in the order dated October 17, 2006, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branches of the motions which are to enlarge the respondents' time to serve and file their respective briefs are granted, the respondents' time to serve and file their briefs is enlarged until October 29, 2007, and the respondents' briefs shall be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to hold the appeal in abeyance is denied; and it is further,

ORDERED that the application is denied as premature.

KRAUSMAN, J.P., DILLON, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court