Appellate Division: Second Judicial Department

M170682

E/ct

RUTH C. BALKIN, J.P.

SANDRA L. SGROI

JEFFREY A. COHEN

HECTOR D. LASALLE, JJ.

2013-00272 Wells Fargo Bank, N.A., etc., appellant, v Edward A. Parker, respondent, et al., defendants. (Index No. 6653/08)

DECISION & ORDER ON MOTION

Motion by the respondent to direct the appellant to serve and file a supplemental record on an appeal from an order of the Supreme Court, Kings County, dated September 4, 2012, containing the respondent's memorandum of law dated June 5, 2012, filed in opposition to the appellant's cross motion that was determined by the order dated September 4, 2012, and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record is granted to the extent that on or before March 28, 2014, the respondent may serve and file a supplemental record containing the respondent's memorandum of law dated June 5, 2012, filed in opposition to the appellant's cross motion that was determined by the order dated September 4, 2012, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file the respondent's brief granted, the respondent's time to serve and file a brief is enlarged until April 28, 2014, and the respondent's brief must be served and filed on or before that date.

BALKIN, J.P., SGROI, COHEN and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court