Wells Fargo Bank, N.A. v Rooney
Motion No: 2015-10493
Slip Opinion No: 2017 NY Slip Op 68488(U)
Decided on March 24, 2017
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M228146

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

ROBERT J. MILLER, 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 appellant on an appeal from an order of the Supreme Court, Dutchess County, dated September 18, 2015, to extend the time to comply with a decision and order on motion of this Court dated January 3, 2017, which directed the appellant to serve and file a supplemental record on or before February 2, 2017. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted and on or before May 23, 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 application is granted, the respondent's time to serve and file a brief is enlarged until June 22, 2017, and the respondent's brief shall be served and filed on or before that date.

DILLON, J.P., LEVENTHAL, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court