Appellate Division: Second Judicial Department

M116259

E/sl

DANIEL D. ANGIOLILLO, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

ROBERT J. MILLER, JJ.

2010-07177 Philip Grant, respondent, v Aurora Loan Services, et al., appellants. (Index No. 24814/09)

DECISION & ORDER ON MOTION

Motion by the respondent, in effect, to dismiss an appeal from an order of the Supreme Court, Nassau County, dated June 18, 2010, on the ground that the record on appeal is inadequate or, in the alternative, to strike stated portions of the record on appeal and the appellants' brief on the ground that they contain or refer to matter dehors the record. Application by the respondent for the Court to reject the papers filed by the appellant in opposition to the motion. Separate application by the respondent 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 the papers filed in opposition thereto, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the application to reject the papers filed by the appellant in opposition to the motion is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before March 16, 2011, the appellant serve and file a supplemental record containing a proper certification of the transcript (see CPLR 5525[c]) contained in the record, and the motion is otherwise denied; and it is further,

ORDERED that the application pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until April 15, 2011, and the respondent's brief must be served and filed on or before that date.

ANGIOLILLO, J.P., CHAMBERS, AUSTIN and MILLER, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court