Appellate Division: Second Judicial Department

M252478

E/mm

WILLIAM F. MASTRO, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2017-08908 Deutsche Bank National Trust Company, respondent, v William White, defendant, Yves R. Baptiste, appellant. (Index No. 35442/07)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated July 18, 2017, on the ground that the appellant failed to assemble a proper appendix or, in the alternative, to direct the appellant to correct the appellant's appendix and to enlarge the time to serve and file a brief.

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

ORDERED that the branch of the motion which is to direct the appellant to correct the appellant's appendix is granted to the extent that on or before August 15, 2018, the appellant shall remove pages A46 and A94 from the copies of the appellant's appendix filed with the Clerk of the Court, replace the table of contents of the copies of the appellant's appendix filed with the Clerk of the Court with a table of contents which lists and briefly describes the exhibits annexed to the affirmation in opposition and the reply affirmation, and serve and file a supplemental record containing the documents annexed to the motion papers as Exhibits D, F, G, and H; and it is further,

ORDERED that the branch of the motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until August 15, 2018, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., ROMAN, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court