Appellate Division: Second Judicial Department

M223666

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2015-10493 Wells Fargo Bank, N.A., respondent, v Timothy M. Rooney, appellant. (Index No. 10167/09)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated September 18, 2015, on the ground that the record is inadequate or, in the alternative, to direct the appellant to serve and file a replacement record, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to direct the appellant to serve and file a replacement record is granted to the extent that on or before February 2, 2017, the appellant shall serve and file a supplemental record that includes Exhibits D, E, K, M, P, Q, and R that were annexed to the affirmation filed in support of the motion that was determined by the order dated September 18, 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 March 2, 2017, 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.

RIVERA, J.P., ROMAN, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court