Appellate Division: Second Judicial Department

M203023

E/sl

RANDALL T. ENG, P.J.

RUTH C. BALKIN

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2015-01276 Wells Fargo Bank, N.A., respondent, v Hin Y. Limtung, appellant, et al., defendants. (Index No. 19442/07)

DECISION & ORDER ON MOTION

Motion by the respondent, in effect, to direct the appellant to serve and file a supplemental appendix on an appeal from an order of the Supreme Court, Queens County, dated January 28, 2015, or, in the alternative, for leave to file a respondent's appendix, 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 serve and file a supplemental appendix is granted to the extent that on or before January 11, 2016, the appellant shall serve and file a supplemental appendix which contains the order to show cause and papers filed in support of the order to show cause that resulted in the order dated January 28, 2015, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is for leave to file a respondent's appendix is denied as unnecessary (see CPLR 5528[b]); 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 February 10, 2016, and the respondent's brief must be served and filed on or before that date.

ENG, P.J., BALKIN, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court