Appellate Division: Second Judicial Department

M205427

E/ct

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

BETSY BARROS, JJ.

2015-00434 Ellen M. Tromba, appellant, v Eastern Federal Savings Bank, FSB, respondent. (Index No. 15727/14)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated November 21, 2014, on the ground that the record on appeal is inadequate. Separate motion by the appellant to enjoin the respondent from commencing or continuing any action or proceeding to evict the appellant pending hearing and determination of the appeal. 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 motions 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 respondent's motion is denied on condition that on or before February 22, 2016, the appellant serves and files a supplemental record containing the exhibits annexed to the affirmation of Jerold C. Feuerstein dated August 29, 2014, which was served and filed in opposition to the motion that resulted in the order dated November 21, 2014; and it is further,

ORDERED that the appellant's motion is denied; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until March 23, 2016, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., AUSTIN, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court