US Bank National Association v Pepe
Motion No: 2016-10357
Slip Opinion No: 2017 NY Slip Op 73261(U)
Decided on May 9, 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

M230773

E/ct

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE

FRANCESCA E. CONNOLLY, JJ.

2016-10357

US Bank National Association, appellant,

v Anthony Pepe, respondent, et al., defendants.

(Index No. 29487/09)

DECISION & ORDER ON MOTION

Motion by the appellant on an appeal from an order of the Supreme Court, Kings County, dated September 7, 2016, inter alia, for leave to serve and file a supplemental record containing, among other things, the papers filed in connection with a motion by the respondent, inter alia, to confirm the referee's report, and to enlarge the time to serve and file a reply 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 for leave to serve and file a supplemental record is granted to the extent that on or before May 30, 2017, the appellant shall serve and file a supplemental record containing the papers filed in connection with a motion by the respondent, inter alia, to confirm the referee's report; and it is further,

ORDERED that the branch of the motion which is to enlarge the appellant's time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief is enlarged until May 30, 2017, and the reply brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., HINDS-RADIX, LASALLE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court