Appellate Division: Second Judicial Department

M254125

T/sl

LEONARD B. AUSTIN, J.P.

JEFFREY A. COHEN

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2017-08290 Deutsche Bank National Trust Company, appellant, v Joanne Gambino, respondent, et al., defendants. (Index No. 130026/09)

DECISION & ORDER ON MOTION

Motion by the appellant to enlarge the time to perfect an appeal from an order of the Supreme Court, Richmond County, dated April 14, 2017, and for this Court to take judicial notice of certain documents or to enlarge the record to include those documents. Cross motion by the respondent to dismiss the appeal, inter alia, on the ground that a determination of a prior appeal constitutes the law of the case.

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 the branch of the motion which is to enlarge the time to perfect the appeal is granted, the appellant's time to perfect the appeal is enlarged until September 4, 2018, and the record or appendix on the appeal and the appellant's brief shall be served and filed on or before that date; and it is further,

ORDERED that no further enlargement of time shall be granted; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the cross motion is denied.

AUSTIN, J.P., COHEN, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court