Appellate Division: Second Judicial Department

M176869

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

SANDRA L. SGROI

HECTOR D. LASALLE, JJ.

2013-03066 Mortgage Electronic Registration Systems, Inc., respondent, v Helene Hamilton, appellant, et al., defendants. (Index No. 9310/03)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Kings County, dated May 8, 2013, on the ground that the record on appeal is inadequate and contains matter dehors the record and the appellant's brief is inadequate or, in the alternative, to enlarge the respondent's 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 on condition that on or before August 11, 2014, the appellant (1) serves and files a replacement record which contains the supplemental summons, amended complaint, and papers filed in support of and in opposition to the underlying motion for a judgment of foreclosure and sale and does not include the material contained on pages 189 through 238 of the original record, and (2) serves and files a replacement brief that contains a statement of fact with supporting references to pages in the replacement record (see 22 NYCRR 670.10.3[g][2][iv]), and correctly cites to pages in the replacement record; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until September 10, 2014, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., ROMAN, SGROI and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court