Appellate Division: Second Judicial Department

M138151

E/sl

DANIEL D. ANGIOLILLO, J.P.

ARIEL E. BELEN

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2011-06790 Mortgage Electronic Registration Systems, Inc., respondent, v Carol A. Liubicich, appellant, et al., defendants. (Index No. 103768/05)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Richmond County, dated May 11, 2011, on the ground that the appellant's appendix is inadequate and contains matter dehors the record, 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 dismiss the appeal on the ground that the appellant's appendix is inadequate and contains matter dehors the record is granted to the extent that the appellant's appendix is stricken and on or before June 22, 2012, the appellant shall serve and file a replacement appendix that does not contain matter dehors the record and complies with CPLR 5528 and 22 NYCRR 670.10.2, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until July 23, 2012, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

ANGIOLILLO, J.P., BELEN, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court