Citibank, N.A. v Herrera
Motion No: 2008-04940
Slip Opinion No: 2009 NYSlipOp 62514(U)
Decided on January 30, 2009
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

M81937

E/sl

STEVEN W. FISHER, J.P.

MARK C. DILLON

DANIEL D. ANGIOLILLO

ARIEL E. BELEN, JJ.

2008-04940

Citibank, N.A., etc., respondent,

v Elvis Herrera, appellant, et al., defendants.

(Index No. 07-11022)

DECISION & ORDER ON MOTION

Motion by the respondent, in effect, to dismiss an appeal from an order of the Supreme Court, Westchester County, entered April 3, 2008, on the ground that the record on appeal is inadequate, or, in the alternative, 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, in effect, to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion which is 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 is granted; and it is further,

ORDERED that on or before February 25, 2009, the appellant shall serve and file a supplemental record containing the following documents:

(1) affidavits of service of the summons and complaint, annexed to the affirmation of Sherril-Anne F. Cleveland Duke as Exhibit B;

(2) note, annexed to the affirmation of Sherril-Anne F. Cleveland Duke as Exhibit D;

(3) mortgage, annexed to the affirmation of Sherril-Anne F. Cleveland Duke as Exhibit E;

(4) default letter, annexed to the affirmation of Sherril-Anne F. Cleveland Duke as Exhibit F; and

(5) affidavit of Amanda Farrar submitted in support of the respondent's motion for summary judgment; and it is further,

ORDERED that the respondent's time to serve and file a brief is enlarged until March 30, 2009, and the respondent's brief must be served and filed on or before that date.

FISHER, J.P., DILLON, ANGIOLILLO and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court