Appellate Division: Second Judicial Department

M257752

E/mm

ALAN D. SCHEINKMAN, P.J.

ROBERT J. MILLER

BETSY BARROS

VALERIE BRATHWAITE NELSON, JJ.

2017-09966 In the Matter of Jasmine Cherry, appellant, v Thomas A. Lsekenegbe, et al., respondents. (Index No. 2472/17)

DECISION & ORDER ON MOTION

Motion by the respondent to extend the time to serve and file a brief on an appeal from a judgment of the Supreme Court, Kings County, dated September 15, 2017. Separate motion by the respondent to correct the record to include a verified answer dated September 14, 2017, affirmation of Christopher Ferreira dated September 14, 2017, and annexed exhibits, or, in the alternative, to enlarge the record to include that material. By decision and order on motion of this Court dated August 15, 2018, the matter was remitted to the Supreme Court, Kings County, to report on whether it considered certain material in determining the proceeding that was determined by the judgment dated September 15, 2017, and the motions were held in abeyance in the interim. The Supreme Court, Kings County, has filed its report dated October 10, 2018.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, upon the papers filed in support of the separate motion and no papers having been filed in opposition or in relation thereto, and upon the report of the Supreme Court, Kings County, dated October 10, 2018, it is

ORDERED that the motion to extend the time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until December 27, 2018, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that no further extension of time shall be granted; and it is further,

ORDERED that the motion to correct the record is denied.

SCHEINKMAN, P.J., MILLER, BARROS and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court