Appellate Division: Second Judicial Department

M253769

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2016-09783 Bayview Loan Servicing, LLC, respondent, v Tchet Ab Utcha Ra El, etc., appellant, et al., defendant. (Index No. 707826/14)

DECISION & ORDER ON MOTION

Motion by the appellant, inter alia, to enlarge the time to serve and file a reply brief on an appeal from an order of the Supreme Court, Queens County, entered July 28, 2016, and, in effect, for a reconstruction hearing with respect to the papers filed in support of the appellant's cross motion and the appellant's reply papers filed in connection with the cross motion which was determined by the order entered July 28, 2016.

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, in effect, for a reconstruction hearing with respect to the papers filed in support of the appellant's cross motion and the appellant's reply papers filed in connection with the cross motion which was determined by the order entered July 28, 2016, is granted, and the matter is remitted to the Supreme Court, Queens County, for a reconstruction hearing as to the papers filed in support of the appellant's cross motion and the appellant's reply papers filed in connection with the cross motion which was determined by the order entered July 28, 2016; and it is further,

ORDERED that the appellant shall serve a copy of this decision and order on motion upon the Supreme Court, Queens County, and immediately apprise this Court when the reconstruction hearing is completed or if reconstruction cannot be accomplished; and it is further,

ORDERED that the motion is otherwise held in abeyance in the interim.

RIVERA, J.P., AUSTIN, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court