Bank of New York Mellon v Ahmed
Motion No: 2017-01253
Slip Opinion No: 2018 NY Slip Op 60417(U)
Decided on January 8, 2018
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

M244216

E/afa

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2017-01253, 2017-01254, 2017-11744

Bank of New York Mellon, etc., respondent,

v Monowar Ahmed, appellant, et al., defendants.

(Index No. 602169/15)

DECISION & ORDER ON MOTION

Motion by Monowar Ahmed to consolidate appeals from two orders of the Supreme Court, Suffolk County, both dated November 22, 2016, with an appeal from an order of the same court dated September 26, 2017, for leave to serve and file a supplemental appendix and brief containing the papers to be considered in connection with the appeal from the order dated September 26, 2017, and the points of argument with respect thereto to strike stated portions of Bank of New York Mellon's brief, 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 branches of the motion which are to consolidate the appeals and for leave to serve and file a supplemental appendix and brief are granted, and on or before February 8, 2018, Monowar Ahmed shall serve and file a supplemental appendix containing the papers to be considered in connection with the appeal from the order dated September 26, 2017, which are not contained in the appendix filed in connection with the appeals from the orders dated November 22, 2016, and a supplemental brief which contains points of argument on the appeal from the order dated September 26, 2017; and it is further,

ORDERED that Bank of New York Mellon may serve and file a supplemental brief, if it be so advised, on or before March 5, 2018; and it is further,

ORDERED that the branch of the motion which is to enlarge Monowar Ahmed's time to serve and file a reply brief is granted, Monowar Ahmed's time to serve and file a reply brief is enlarged until March 20, 2018, 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.

BALKIN, J.P., AUSTIN, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court