Appellate Division: Second Judicial Department

M149677

E/ct

PETER B. SKELOS, J.P.

THOMAS A. DICKERSON

CHERYL E. CHAMBERS

SYLVIA HINDS-RADIX, JJ.

2012-02328 RBS Citizens, N.A., appellant, v Eric Ole Thorsen, etc., respondent. (Index No. 08-12941)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Rockland County, dated January 30, 2012, on the ground that the appellant's appendix is inadequate, and 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, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before February 15, 2013, the appellant shall serve and file a supplemental appendix containing the affirmations of Hillary J. Raimondi in support of the motion for summary judgment and in support of the motion for leave to reargue, the affirmation of Eric Ole Thorsen in support of the motion for summary judgment, and the reply affirmation of Hillary J. Raimondi in support of the motion for leave to reargue; 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 and the respondent's time to serve and file a brief is enlarged until March 18, 2013, 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.

SKELOS, J.P., DICKERSON, CHAMBERS and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court