Appellate Division: Second Judicial Department

M203175

W/sl

JOHN M. LEVENTHAL, J.P.

CHERYL E. CHAMBERS

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, 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 to dismiss an appeal from an order of the Supreme Court, Nassau County, entered September 5, 2014, on the grounds that the exhibits included in the record on appeal are set forth in the incorrect order and that certain papers are not included in the record on appeal or, in the alternative, to enlarge the time to serve and file a brief on the appeal.

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 to dismiss the appeal on the ground that the exhibits included in the record on appeal are set forth in the incorrect order is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that certain papers are not included in the record on appeal is denied, on the condition that, on or before January 13, 2016, the appellant shall serve and file a supplemental record on appeal that includes the notice of motion for summary judgment on the complaint and for an order of reference filed by the respondent in the Supreme Court, Nassau County, and the respondent's notice of entry of the order appealed from; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a respondent's brief on the appeal is granted, the respondent's time to serve and file a brief on the appeal is enlarged until February 16, 2016, and the respondent shall serve and file its brief on or before that date.

LEVENTHAL, J.P., CHAMBERS, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court