Appellate Division: Second Judicial Department

M85149

E/cb

PETER B. SKELOS, J.P.

ANITA R. FLORIO

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2008-05215 Mortgage Electronic Registration Systems, Inc., plaintiff-respondent, v Rosalie Horkan, et al., defendants; IPA Asset Management II, LLC, nonparty-appellant; Countrywide Home Loans, Inc., et al., nonparty-respondents. (Index No. 2327/03)

DECISION & ORDER ON MOTION

Motion by Mortgage Electronic Registration Systems, Inc., in effect, for leave to file a supplemental record on an appeal from an order of the Supreme Court, Dutchess County, dated May 6, 2008. Application by Mortgage Electronic Registration Systems, Inc., pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the application, it is

ORDERED that the motion is granted, and on or before April 30, 2009, Mortgage Electronic Registration Systems, Inc., shall serve and file a supplemental record containing the following documents:

(1) notice of motion dated July 14, 2006;

(2) document entitled "report of referee" dated July 14, 2006;

(3) terms of sale dated March 15, 2006;

(4) letter from Debra Alexander to Mark Geoffrey Kirshner, Esq., dated June 16, 2006;

(5) notice of motion dated January 25, 2007;

(6) document entitled "report of referee" dated January 25, 2007;

(7) terms of sale dated August 22, 2006;

(8) photocopies of two checks, both dated August 21, 2006, in the sums of $20,000 and $1,000, respectively;

(9) letter from David D. DeRosa to Patricia L. Campanaro, Esq., dated September 20, 2006;

(10) letter from Patricia L. Campanaro, Esq., to David D. DeRosa dated October 10, 2006;

(11) letter from David D. DeRosa to Patricia L. Campanaro, Esq., dated November 1, 2006;

(12) letter from Henry P. DiStefano to David D. DeRosa dated December 26, 2006;

(13) letter from Henry P. DiStefano to David D. DeRosa dated January 11, 2007; and

(14) affirmation of Patricia L. Campanaro, Esq., dated June 15, 2007; and it is further,

ORDERED that the application is granted and the time of Mortgage Electronic Registration Systems, Inc., to serve and file a brief of Mortgage Electronic Registration Systems, Inc., is enlarged until April 30, 2009, and the brief of Mortgage Electronic Registration Systems, Inc., must be served and filed on or before that date.

SKELOS, J.P., FLORIO, LEVENTHAL and HALL, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court