Appellate Division: Second Judicial Department

M143856

E/sl

REINALDO E. RIVERA, J.P.

ANITA R. FLORIO

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2010-09028 Chariklia Apladenaki, appellant, v Greenpoint Mortgage Funding, Inc., et al., respondents, et al., defendants. (Index No. 31072/07)

DECISION & ORDER ON MOTION

Motion by the respondents to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 25, 2010, on the ground that the record on appeal is inadequate and contains matter dehors the record or, in the alternative, for leave to serve and file a supplemental record, to strike stated portions of the record and the appellant's brief on the ground that they contain or refer to 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 is denied on condition that on or before November 20, 2012, the appellant serves and files a replacement record or appendix that complies with §§ 670.9, 670.10.1, and 670.10.2 of the rules of the Court (see 22 NYCRR 670.9, 670.10.1, and 670.10.2) and does not contain any matter dehors the record, and serves and files a replacement brief; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until December 26, 2012, and the respondents' brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., FLORIO, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court