Appellate Division: Second Judicial Department

M119176

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2010-07997 Deutsche Bank National Trust Company, etc., respondent, v Martin L. Posner, et al., appellants, et al., defendants. (Index No. 2630/09)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Putnam County, dated May 21, 2010, on the ground that the record on appeal is inadequate, or to direct the appellant to file a supplemental record. 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 application, the papers filed in opposition to the motion, and no papers having been filed in opposition or in relation to the application, it is

ORDERED that the branch of the motion which is to direct the appellant to file a supplemental record is granted, and on or before May 11, 2011, the appellant shall serve and file a supplemental record containing an order of the Supreme Court, Putnam County, dated January 28, 2010; and it is further,

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

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until June 13, 2011, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court