Appellate Division: Second Judicial Department

M224916

E/sl

MARK C. DILLON, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

BETSY BARROS, JJ.

2016-01665 Nationstar Mortgage, LLC, respondent, v Muhammad T. Kamil, appellant, et al., defendant. (Index No. 9309/13)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Nassau County, dated September 25, 2015, on the ground that the record is inadequate and contains matter dehors the record and the brief refers to matter dehors the record, or, in the alternative, 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 dismiss the appeal is denied on condition that on or before February 27, 2017, the appellant serves and files a replacement record that contains all of the papers filed in connection with the motion that was determined by the order dated September 25, 2015, and does not contain papers filed in connection with motions that were not determined by the order dated September 25, 2015, and serves and files a replacement appellant's brief limited to issues concerning the order dated September 25, 2015, and that does not refer to matter dehors the record; 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 29, 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.

DILLON, J.P., ROMAN, HINDS-RADIX and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court