Appellate Division: Second Judicial Department

M257115

E/mm

JOHN M. LEVENTHAL, J.P.

ROBERT J. MILLER

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON, JJ.

2018-00442 U.S. Bank National Association, etc., respondent, v Jorge Mendez, etc., appellant, et al, defendants. (Index No. 14303/13)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from a judgment of the Supreme Court, Queens County, entered September 28, 2017, on the ground that the appellant's appendix is inadequate or, in the alternative, to extend 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 dismiss the appeal is denied on condition that on or before December 4, 2018, the appellant serve and file a supplemental appellant's appendix containing all of the papers filed in connection with the motion and cross motion, which resulted in the order entered September 28, 2017, except for the papers contained in the appellant's appendix filed August 13, 2018; and it is further,

ORDERED that the branch of the motion which is to extend the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until December 19, 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.

LEVENTHAL, J.P., MILLER, DUFFY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court