| Matter of Country-Wide Insurance Company v Montero |
| Motion No: 2015-07591 |
| Slip Opinion No: 2016 NY Slip Op 69926(U) |
| Decided on April 7, 2016 |
| 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. |
Appellate Division: Second Judicial Department
M209489
E/sl
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
HECTOR D. LASALLE, JJ.
|
2015-07591 In the Matter of Country-Wide Insurance Company, appellant, v Jesie Montero, et al., respondents. (Index No. 709601/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent Global Liberty Insurance Company, in effect, to dismiss an appeal from an order of the Supreme Court, Queens County, entered August 6, 2015, on the ground that the record is inadequate, or, in the alternative, to direct the appellant to serve and file a supplemental record, and to enlarge its 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 to direct the appellant to serve and file a supplemental record is granted, and on or before April 28, 2016, the appellant shall serve and file a supplemental record containing the hearing exhibits; and it is further,
ORDERED that the branch of the motion which is, in effect, to dismiss the appeal is denied on condition that the appellants serve and file the supplemental record; and it is further,
ORDERED that the branch of the motion which is to enlarge Global Liberty Insurance Company's time to serve and file a brief is granted, Global Liberty Insurance Company's time to serve and file a brief is enlarged until May 31, 2016, and Global Liberty Insurance Company's brief must be served and filed on or before that date.
DILLON, J.P., AUSTIN, MILLER and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court