Appellate Division: Second Judicial Department

M164370

S/sl

RANDALL T. ENG, P.J.

L. PRISCILLA HALL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2012-09867 JPMorgan Chase Bank, N.A., respondent, v Hunter Group, Inc., defendant, Michael Secondo, appellant. (Index No. 25445/09)

DECISION & ORDER ON MOTION

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated October 8, 2013, in the above-entitled appeal is recalled and vacated and the following decision and order on motion is substituted therefor:

Motion by the appellant for leave to file a replacement record and brief on an appeal from an order of the Supreme Court, Nassau County, entered August 3, 2012. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that on the Court's own motion, on or before October 28, 2013, the appellant shall serve and file a corrected statement pursuant to CPLR 2105, and replace the statement pursuant to CPLR 2105 in the copies of the record on appeal on file with this Court with the corrected statement, or the appeal will be dismissed, without further notice; and it is further,

ORDERED that the application is granted, the appellant's time to serve and file a reply brief is enlarged until October 28, 2013, and the reply brief shall be served and filed on or before that date.

ENG, P.J., HALL, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court