Appellate Division: Second Judicial Department

M226199

E/afa

L. PRISCILLA HALL, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

FRANCESCA E. CONNOLLY, JJ.

2016-01583 New Century Mortgage Corporation, appellant, v Brian Davis, et al., respondents. (Index No. 38367/05)

DECISION & ORDER ON MOTION

Motion by First American Title Insurance Company to dismiss an appeal from an order of the Supreme Court, Kings County, dated December 2, 2015, on the ground that the record does not include its opposition to the appellant's motion that was determined in the order dated December 2, 2015, and on the ground that the appellant failed to serve it with the notice of appeal, the record and the appellant's brief, or, in the alternative, to enlarge the time to serve and file a brief, and for an award of an attorney's fee and costs.

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

ORDERED that the matter is remitted to the Supreme Court, Kings County, to report on whether that court considered the opposition of First American Title Insurance Company in connection with the motion that was determined in the order dated December 2, 2015; the Supreme Court, Kings County, shall file its report with all convenient speed; and it is further,

ORDERED that the motion by First American Title Insurance Company is held in abeyance in the interim.

HALL, J.P., AUSTIN, SGROI and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court