| Bank of America, N.A. v Afflick |
| Motion No: 2015-01218 |
| Slip Opinion No: 2016 NY Slip Op 81133(U) |
| Decided on August 1, 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
M215703
T/afa
RANDALL T. ENG, P.J.
THOMAS A. DICKERSON
COLLEEN D. DUFFY
FRANCESCA E. CONNOLLY, JJ.
|
2015-01218 Bank of America, N.A., respondent, v Willard Afflick, appellant, et al., defendants. (Index No. 20976/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Queens County, entered October 29, 2014, to enlarge the time to comply with a decision and order on motion of this Court dated April 22, 2016, which directed him to serve and file a replacement record on or before May 23, 2016, and, in effect, for leave to serve and file a replacement brief. Separate motion by the respondent to dismiss the appeal for failure to comply with the decision and order on motion of this Court dated April 22, 2016, or, in the alternative, to enlarge its time to serve and file a brief.
Upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the appellant's motion which is to enlarge the time to comply with the decision and order on motion of this Court dated April 22, 2016, is granted, the appellant's time to comply with the decision and order on motion of this Court dated April 22, 2016, by serving and filing a replacement record is enlarged until September 13, 2016, and the replacement record shall be served and filed on or before that date; and it is further,
ORDERED that the branch of the appellant's motion which is, in effect, for leave to serve and file a replacement brief is granted and the appellant's replacement brief may be served and filed on or before September 13, 2016; and it is further,
ORDERED that the branch of the respondent's motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until October 13, 2016, the respondent's brief shall be served and filed on or before that date, and the respondent's motion is otherwise denied.
ENG, P.J., DICKERSON, DUFFY and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court