Appellate Division: Second Judicial Department

M171257

E/ct

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2013-03728 Benzina Jamison, appellant-respondent, v Moudupe Aquai, defendant, US Bank National Association, etc., respondent- appellant, et al., defendant. (Index No. 8702/11)

DECISION & ORDER ON MOTION

Motion by the respondent-appellant to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 28, 2013, on the ground that the record served on it is inadequate, and to enlarge the time to serve and file an answering brief. Cross motion by the appellant-respondent for leave to serve a corrected copy of the record on the respondent-appellant.

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 cross motion is granted, and on or before April 2, 2014, the appellant-respondent shall serve a copy of the record on the respondent-appellant which matches the record filed in the office of the Clerk of this Court; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file an answering brief is granted, the time to serve and file the answering brief, including the points of argument on the cross appeal (see 22 NYCRR 670.8[c][3]) is enlarged until May 2, 2014, and the answering brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., CHAMBERS, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court