Appellate Division: Second Judicial Department

M161529

E/sl

REINALDO E. RIVERA, J.P.

DANIEL D. ANGIOLILLO

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2013-01446 Intervest National Bank, respondent, v 61 Jefferson Realty, Inc., et al., appellants, et al., defendants. (Index No. 500563/12)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated November 26, 2012, on the ground that the record on appeal is inadequate and contains matter dehors the record, or, in the alternative, to direct the appellants to file a supplemental record, to strike page 163 from the record, 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 direct the appellants to file a supplemental record is granted and on or before September 17, 2013, the appellants must serve and file a supplemental record containing the schedule A description of premises and notice of pendency dated March 19, 2012, which were annexed to the underlying motion for summary judgment as a part of Exhibit A, and Exhibits I through V annexed to the underlying motion for summary judgment; and it is further,

ORDERED that the branch of the motion which is to strike page 163 from the record is granted and on or before September 17, 2013, the appellants must remove page 163 from the copies of the record filed with the Clerk of the Court; 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 October 17, 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.

RIVERA, J.P., ANGIOLILLO, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court