Rush v Save My Home Corp.
Motion No: 2015-01545
Slip Opinion No: 2015 NY Slip Op 78415(U)
Decided on July 7, 2015
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

M195066

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

SANDRA L. SGROI, JJ.

2015-01545

Ayana Rush, et al., respondents,

v Save My Home Corp., et al., defendants,

David Gotterup, appellant.

(Index No. 3605/11)

DECISION & ORDER ON MOTION

Motion by the respondents to direct the appellant to correct the record on an appeal from an order of the Supreme Court, Nassau County, dated January 17, 2015, and to enlarge the time to serve and file a brief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a 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 and the application are granted; and it is further,

ORDERED that on or before July 22, 2015, the appellant shall serve and file a supplemental record containing the following material: (1) Plaintiff's Exhibit No. 14 dated March 7, 2012; (2) undated order to show cause, attached affirmation of Rebecca Martin dated May 12, 2014, and annexed exhibits; (3) order to show cause dated May 13, 2014, attached affirmation of Rebecca Martin dated May 12, 2014, and annexed exhibits; (4) affirmation in opposition of Anthony C. Giordano dated June 1, 2014; (4) affidavit in opposition of David Gotterup dated June 3, 2014; and (5) affirmation of Rebecca Martin dated June 5, 2014, and annexed exhibits; and it is further,

ORDERED that the respondents' time to serve and file a brief is enlarged until August 24, 2015, and the respondents' brief must be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court