Federal National Mortgage Association v Romain
Motion No: 2017-08080
Slip Opinion No: 2018 NY Slip Op 73982(U)
Decided on May 31, 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

M250838

E/sl

WILLIAM F. MASTRO, J.P.

SANDRA L. SGROI

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2017-08080

Federal National Mortgage Association, etc.,

respondent, v Delourdes Romain, appellant,

et al., defendants.

(Index No. 2828/15)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Nassau County, entered May 24, 2017, on the ground that the order was superseded by an order of the same court entered May 31, 2017, and on the ground that the record is inadequate or, in the alternative, to enlarge the time to serve and file a brief. Cross motion by the appellant pursuant to CPLR 5520(c) to deem the notice of appeal from the order entered May 24, 2017, to be a premature notice of appeal from the order entered May 31, 2017, and for leave to serve and file a supplemental record containing the reply affirmation of Irina Dularidze dated April 4, 2017.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that on the Court's own motion, the notice of appeal from the order entered May 24, 2017, is deemed to be a notice of appeal from the order entered May 31, 2017 (see CPLR 5512[a]); and it is further,

ORDERED that the cross motion is granted to the extent that on or before July 2, 2018, the appellant shall serve and file a supplemental record containing the order entered May 31, 2017, and the reply affirmation of Irina Dularidze dated April 4, 2017, with annexed exhibits, and the cross motion is otherwise denied; and it is further,

ORDERED that the motion is granted to the extent that the respondent's time to serve and file a brief is enlarged until August 1, 2018, the respondent's brief shall be served and filed on or before that date, and the motion is otherwise denied.

MASTRO, J.P., SGROI, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court