Appellate Division: Second Judicial Department

M255721

E/sl

REINALDO E. RIVERA, J.P.

JOHN M. LEVENTHAL

JEFFREY A. COHEN

BETSY BARROS, JJ.

2018-02776 Bank of New York Mellon Trust Co., respondent, v Hamilton Pinto, appellant, et al., defendants. (Index No. 17195/10)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the record on an appeal from an order of the Supreme Court, Suffolk County, dated December 21, 2017, to include certain documents, to direct the appellant to correct the record, 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 enlarge the record is denied as unnecessary as the subject material is properly part of the record; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to correct the record is granted and on or before October 26, 2018, the appellant shall replace page 5 of the copies of the record filed with the Clerk of this Court with the material annexed to the motion papers as Exhibit B, and insert the material annexed to the motion papers as Exhibits C through H in their proper place in the copies of the record filed with the Clerk of this Court, and make appropriate changes to the table of contents, if necessary, or serve and file a supplemental record which contains that material; 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.

RIVERA, J.P., LEVENTHAL, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court