| U.S. Bank Trust, N.A. v Porter |
| Motion No: 2016-09287 |
| Slip Opinion No: 2017 NY Slip Op 86668(U) |
| Decided on September 21, 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. |
Appellate Division: Second Judicial Department
M237938
E/ct
REINALDO E. RIVERA, J.P.
SHERI S. ROMAN
JOSEPH J. MALTESE
HECTOR D. LASALLE, JJ.
|
2016-09287 U.S. Bank Trust, N.A., etc., respondent, v Georgia Porter, appellant. (Index No. 1176/15)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, in effect, to dismiss an appeal from an order of the Supreme Court, Orange County, dated May 26, 2016, on the grounds that the record is inadequate and does not comply with the rules of this Court, or for leave to serve and file a supplemental record, at the appellant's expense, and to enlarge the time to serve and file a brief. Cross motion by the appellant for leave to serve and file a supplemental record and to impose a sanction upon the respondent. 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 cross motion, and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the cross motion which is for leave to serve and file a supplemental record is granted and on or before October 20, 2017, the appellant shall serve and file a supplemental record containing the affirmation of Shane M. Biffar dated December 11, 2015, with annexed Exhibits 1 through 7; and it is further,
ORDERED that the branch of the motion which is, in effect, to dismiss the appeal is denied on condition that on or before October 20, 2017, the appellant serve and file the supplemental record set forth above and replace the table of contents in the copies of the record filed with the Clerk of the Court with a table of contents that complies with the rules of this Court (see 22 NYCRR 670.10.2[b][3]); and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief and the application are granted, the respondent's time to serve and file a brief is enlarged until November 20, 2017, and the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion and the cross motion are otherwise denied.
RIVERA, J.P., ROMAN, MALTESE and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court