Appellate Division: Second Judicial Department

M241006

E/ct

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

JOSEPH J. MALTESE

COLLEEN D. DUFFY, JJ.

2016-06479 Fifth Third Mortgage Company, respondent, v Jason Seminario, appellant, et al., defendants. (Index No. 10339/12)

DECISION & ORDER ON MOTION

Motion by the appellant to deem a notice of an appeal from an order of the Supreme Court, Nassau County, entered February 8, 2016, to be a premature notice of appeal from a judgment of the same court dated September 23, 2016, to deem the record and the appellant's brief filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, to limit the issues to the issues raised in the briefs and, in effect, for leave to serve and file a supplemental record containing the judgment. 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 December 15, 2017, the appellant shall serve and file a supplemental record containing the judgment dated September 23, 2016; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until January 16, 2018, and the respondent's brief shall be served and filed on or before that date.

RIVERA, J.P., LEVENTHAL, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court