Appellate Division: Second Judicial Department

M80259

E/sl

REINALDO E. RIVERA, J.P.

FRED T. SANTUCCI

EDWARD D. CARNI

THOMAS A. DICKERSON, JJ.

2007-11821, 2008-08480 Wells Fargo Bank, NA, etc., respondent, v Yvonne Chaplin, appellant, et al., defendants. (Index No. 10051/07)

DECISION & ORDER ON MOTION

Motion by the respondent to strike, as inadequate, the record on appeals from two orders of the Supreme Court, Queens County, dated December 4, 2007, and June 5, 2008, respectively, or to direct the appellant to serve and file a supplemental record containing certain documents and to enlarge 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 strike the record as inadequate is denied; and it is further,

ORDERED that the branches of the motion which are to direct the appellant to serve and file a supplemental record and to enlarge the respondent's time to serve and file a brief are granted; and it is further,

ORDERED that on or before January 12, 2009, the appellant shall serve and file a supplemental record containing a letter from the respondent's attorney dated August 27, 2007, and the pages of the complaint containing paragraphs 10 through 16 and the signature of the respondent's attorney; and it is further,

ORDERED that and the respondent's time to serve and file a brief is enlarged until February 11, 2009, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., SANTUCCI, CARNI and DICKERSON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court