Appellate Division: Second Judicial Department

M256621

E/afa

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

FRANCESCA CONNOLLY

LINDA CHRISTOPHER, JJ.

2018-01188 US Bank National Association, etc., respondent, v Roger W. Edwards, etc., appellant, et al., defendants. (Index No. 21083/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Kings County, dated October 16, 2017, to waive compliance with the requirements regarding certification of the record on appeal. Separate motion by the respondent to dismiss the appeal on the ground that the appellant failed to serve his brief upon it or, in the alternative, to direct the appellant to serve his brief upon it and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, it is

ORDERED that the appellant's motion is granted; and it is further,

ORDERED that the branch of the respondent's motion which is to enlarge its time to serve and file a brief is granted, 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 respondent's motion is otherwise denied.

BALKIN, J.P., AUSTIN, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court