Appellate Division: Second Judicial Department

M255074

E/mmMARK C. DILLON, J.P.

COLLEEN D. DUFFY

HECTOR D. LASALLE

BETSY BARROS, JJ.

2017-04588 HSBC Bank USA, National Association, etc., respondent, v Rafael M. Cardona, etc., appellant, et al, defendants. (Index No. 15207/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered January 20, 2017, on the ground that the appellant's appendix is inadequate or, in the alternative, to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before October 12, 2018, the appellant serve and file a supplemental appellant's appendix containing the motion papers filed in connection with the respondent's motion to confirm the report of the referee and for a judgment of foreclosure and sale, which resulted in the judgment entered January 20, 2017; 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 November 13, 2018, and the respondent's brief shall be served and filed on or before that date.

DILLON, J.P., DUFFY, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court