Appellate Division: Second Judicial Department

M217496

E/afa

JOHN M. LEVENTHAL, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

BETSY BARROS, JJ.

2015-06578 U.S. Bank, N.A., respondent, v Clement Morrison, et al., appellants, et al., defendants. (Index No. 30754/10)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Queens County, dated March 26, 2015, on the ground that the record is inadequate or, in the alternative, to direct the appellants to serve and file a supplemental record or for leave to serve and file a supplemental record, and to enlarge the time to serve and file a brief. Cross motion by the appellants, inter alia, for an expedited briefing schedule and "to hold [the respondent] accountable for delay."

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

ORDERED that the branch of the motion which is to direct the appellants to serve and file a supplemental record is granted, and on or before September 30, 2016, the appellants shall serve and file a supplemental record containing Exhibits A through H annexed to the appellants' opposition to the motion that resulted in the order dated March 26, 2015; 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 granted, the respondent's time to serve and file a brief is enlarged until October 31, 2016, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

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

ENTER:

Aprilanne Agostino

Clerk of the Court