Appellate Division: Second Judicial Department

M257843

E/sl

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

FRANCESCA E. CONNOLLY

LINDA CHRISTOPHER, JJ.

2018-03038 Deutsche Bank National Trust Co., respondent, v Scott H. Finger, etc., et al., defendants, Jericho Equity Group, Ltd., appellant. (Index No. 60120/14)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Suffolk County, entered December 19, 2017, on the ground that the record is inadequate or, in the alternative, to extend the time to serve and file a brief. Separate motion by the appellant for leave to serve and file a supplemental record which contains certain material.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the appellant's motion is granted and on or before December 20, 2018, the appellant shall serve and file a supplemental record containing the notice of computation dated March 9, 2017, and any documents attached to it, and the referee's report; and it is further,

ORDERED that the branch of the respondent's motion which is 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 January 24, 2019, 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.

DILLON, J.P., LEVENTHAL, CONNOLLY and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court