Appellate Division: Second Judicial Department

M254072

E/mm

ALAN D. SCHEINKMAN, P.J.

ROBERT J. MILLER

JOSEPH J. MALTESE

LINDA CHRISTOPHER, JJ.

2017-09966 In the Matter of Jasmine Cherry, appellant, v Thomas A. Lsekenegbe, et al., respondents. (Index No. 2472/17)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated September 15, 2017. Separate motion by the respondent to correct the record to include a verified answer dated September 14, 2017, affirmation of Christopher Ferreira dated September 14, 2017, and annexed exhibits, or, in the alternative, to enlarge the record to include that material.

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 separate motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the matter is remitted to the Supreme Court, Kings County, to report on whether it considered the verified answer dated September 14, 2017, affirmation of Christopher Ferreira dated September 14, 2017, and annexed exhibits, in determining the proceeding that was determined by the judgment dated September 15, 2017; the Supreme Court, Kings County, shall file its report with all convenient speed; and it is further,

ORDERED that the motions are held in abeyance in the interim.

SCHEINKMAN, P.J., MILLER, MALTESE and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court