TD Bank, N.A., formerly known as Commerce Bank, N.A.
Motion No: 2013-08629
Slip Opinion No: 2014 NY Slip Op 81282(U)
Decided on August 21, 2014
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M178821

E/sl

PLUMMER E. LOTT, J.P.

LEONARD B. AUSTIN

SHERI S. ROMAN

JEFFREY A. COHEN, JJ.

2013-08629, 2013-08630

TD Bank, N.A., formerly known as Commerce

Bank, N.A., respondent, v Robert Mandia, et al.,

appellants, et al., defendants.

(Index No. 131003/10)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to serve and file a replacement brief on appeals from two orders of the Supreme Court, Richmond County, dated February 11, 2013, and April 3, 2013, respectively, and to enlarge the appellants' time to serve and file a reply 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 for leave to serve and file a replacement brief is granted, and the respondent's replacement brief must be served and filed on or before September 5, 2014; and it is further,

ORDERED that the branch of the motion which is to enlarge the appellants' time to serve and file a reply brief is denied as premature.

LOTT, J.P., AUSTIN, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court