| Wells Fargo Bank v Armstead |
| Motion No: 2017-03318 |
| Slip Opinion No: 2018 NY Slip Op 68570(U) |
| Decided on April 2, 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. |
Appellate Division: Second Judicial Department
M248226
E/afa
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
|
2017-03318 Wells Fargo Bank, respondent, v Eric Armstead, appellant, et al., defendants. (Index No. 130371/12)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Richmond County, dated December 16, 2016, for failure to comply with a decision and order on motion of this Court dated December 13, 2017.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that on the Court's own motion, the appellant's time to comply with the decision and order on motion of this Court dated December 13, 2017, is extended and on or before April 15, 2018, the appellant serve and file a supplemental record on appeal which contains all of the motion papers, with annexed exhibits, that resulted in the order dated December 16, 2016, and that are not contained in the record previously filed; and it is further,
ORDERED that no further extension of time to comply with the decision and order on motion of this Court dated December 13, 2017, shall be granted; and it is further,
ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until May 7, 2018, and the respondent's brief, if any, shall be served and filed on or before that date.
RIVERA, J.P., AUSTIN, CONNOLLY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court