US Bank National Association v Barnett
Motion No: 2015-01942
Slip Opinion No: 2015 NY Slip Op 95074(U)
Decided on December 29, 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

M203811

E/sl

RANDALL T. ENG, P.J.

RUTH C. BALKIN

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2015-01942

US Bank National Association, respondent,

v Joell C. Barnett, appellant, et al., defendants.

(Index No. 12409/13)

DECISION & ORDER ON MOTION

Motion by the respondent for leave to serve and file a supplemental record containing its memorandum of law in opposition to the underlying motion on an appeal from an order of the Supreme Court, Kings County, dated November 5, 2014, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is for leave to serve and file a supplemental record is granted, and on or before January 28, 2016, the respondent may serve and file a supplemental record containing the respondent's memorandum of law in opposition to the underlying motion; 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 denied as unnecessary as the brief has been timely served and filed.

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

ENTER:

Aprilanne Agostino

Clerk of the Court