Mid-Island Mortgage Corp. v Johnson
Motion No: 2017-07886
Slip Opinion No: 2018 NY Slip Op 86665(U)
Decided on October 22, 2018
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M256653

E/afa

MARK C. DILLON, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

ANGELA G. IANNACCI, JJ.

2017-07886

Mid-Island Mortgage Corp., respondent,

v Kenneth G. Johnson, defendant,

Cordella Johnson, appellant.

(Index No. 9817/11)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated June 22, 2017, on the ground that the record is inadequate or, in the alternative, for leave to serve and file a supplemental record and 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 for leave to serve and file a supplemental record and to enlarge the time to serve and file a brief is granted, on or before November 26, 2018, the respondent shall serve and file a supplemental record containing the notice of appearance dated May 23, 2011, and the motion papers annexed to the affirmation of Ronald P. Labeck dated September 7, 2018, filed in support of the respondent's motion as Exhibits C and H, the respondent's time to serve and file a brief is enlarged until November 26, 2018, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., COHEN, MILLER and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court