Appellate Division: Second Judicial Department

M197477

E/ct

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

LEONARD B. AUSTIN

JOSEPH J. MALTESE, JJ.

2014-10489 US Bank, N.A., respondent, v Lori Zwisler, appellant, et al., defendants. (Index No. 6288/12)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, in effect, to direct the appellant to file a replacement record on an appeal from an order of the Supreme Court, Nassau County, entered September 5, 2014, that contains unmarked copies of the documents consisting of the record an appeal, and to enlarge the 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, in effect, to direct the appellant to file a replacement record that contains unmarked copies of the documents consisting of the record an appeal is granted, the record on file with the Clerk of this Court is stricken, and on or before September 24, 2015, the appellant shall serve and file a replacement record that contains unmarked copies of all documents considered by the Supreme Court, Nassau County, in determining the motion that resulted in the order entered September 5, 2014; 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 October 26, 2015, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

RIVERA, J.P., BALKIN, AUSTIN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court