Appellate Division: Second Judicial Department

M199229

E/sl

MARK C. DILLON, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

HECTOR D. LASALLE, JJ.

2014-09193 Wells Fargo Bank, NA, respondent, v Lloyd Myers, appellant, et al., defendant. (Index No. 17910/08)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike the record on an appeal from an order of the Supreme Court, Suffolk County, dated June 18, 2014, on the ground that it is incomplete. 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 papers filed in opposition thereto, and 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 branch of the motion which is to strike the record is denied on condition that on or before October 29, 2015, the appellant serve and file a supplemental record containing the exhibits that were attached to the affirmation of Larry T. Powell dated May 19, 2014, which was filed in opposition to the motions that were determined by the order dated June 18, 2014; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until November 30, 2015, and the respondent's brief must be served and filed on or before that date.

DILLON, J.P., MILLER, MALTESE and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court