Chase Home Finance, LLC v Kahana
Motion No: 2018-01116
Slip Opinion No: 2018 NY Slip Op 91605(U)
Decided on December 24, 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

M258559

E/sl

REINALDO E. RIVERA, J.P.

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX

JOSEPH J. MALTESE, JJ.

2018-01116

Chase Home Finance, LLC, respondent,

v Chaim Kahana, et al., appellants, et al.,

defendants.

(Index No. 3090/10)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Rockland County, entered August 9, 2017, on the ground that the record is inadequate, to extend the time to serve and file a brief, and for an award of costs.

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 to dismiss the appeal is denied on condition that on or before January 23, 2019, the appellant serve and file a supplemental record containing the exhibits attached to the respondent's notice of motion dated August 25, 2016, and the respondent's exhibits which were entered into evidence at the traverse hearing; and it is further,

ORDERED that the branch of the 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 February 22, 2019, 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.

RIVERA, J.P., COHEN, HINDS-RADIX and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court