Appellate Division: Second Judicial Department

M159482

E/sl

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

PLUMMER E. LOTT

SANDRA L. SGROI, JJ.

2012-06027 Countrywide Home Loans, respondent, v Kirk Gibson, et al., defendants, Brett Jones, appellant. (Index No. 2427/08)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated May 22, 2012, on the ground that the record does not contain their reply affirmation, reply affidavit and annexed exhibits, or, in the alternative, to enlarge the record to include those documents 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; and it is further,

ORDERED that the branch of the motion which is to enlarge the record is denied without prejudice to making a motion in the Supreme Court, Kings County, to resettle the order dated May 22, 2012, to reflect that the reply papers were considered; 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 respondent's time to serve and file a brief is enlarged until August 16, 2013, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., BALKIN, LOTT and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court