Appellate Division: Second Judicial Department

M251586

E/sl

RUTH C. BALKIN, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2017-03530 Cynthia Settles, appellant, v Onewest Bank, FSB, et al., respondents, et al., defendants. (Index No. 1317/15)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Rockland County, entered February 2, 2017, for failure to comply with a decision and order on motion of this Court dated March 9, 2018, or, in the alternative, to direct the appellant to serve and file a second supplemental record in accordance with the decision and order on motion of this Court dated March 9, 2018, to enlarge the time to serve and file a brief, and for an award of costs and an attorney's fee. Cross motion by the appellant, in effect, to extend the time to comply with the decision and order on motion of this Court dated March 9, 2018, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the second supplemental record on appeal, and to accept the second supplemental record annexed to the motion papers for filing. Separate motion by the appellant pro se to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal and the supplemental record on appeal.

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

ORDERED that the branches of the respondent's motion which are to dismiss the appeal and for an award of costs and an attorney's fee are denied; and it is further,

ORDERED that the branch of the respondent's motion which is to direct the appellant's to serve and file a second supplemental record in accordance with the decision and order on motion of this Court dated March 9, 2018, and the branch of the cross motion which is, in effect, to extend the time to comply with the decision and order on motion of this Court dated March 9, 2018, are granted and on or before July 23, 2018, the appellant shall serve and file a second supplemental record which contains the affidavit of Cynthia Settles dated April 18, 2016, as well as Exhibits B, H and I annexed to the affidavit, and conforms with the rules of this Court; and it is further,

ORDERED that the branch of the cross motion which is to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the second supplemental record on appeal and the appellant's motion are denied with leave to renew by a motion made simultaneously with the filing of the second supplemental record; and it is further,

ORDERED that the branch of the cross motion which is to accept the second supplemental record annexed to the motion papers for filing is denied; and it is further,

ORDERED that the branch of the respondent's motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until August 23, 2018, and the respondents' brief shall be served and filed on or before that date.

BALKIN, J.P., LEVENTHAL, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court