Deutsche Bank National Trust Company v Crosby
Motion No: 2018-06840
Slip Opinion No: 2018 NY Slip Op 92000(U)
Decided on December 28, 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

M258710

E/mm

HECTOR D. LASALLE, J.P.

BETSY BARROS

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2018-06840

Deutsche Bank National Trust Company,

etc., respondent, v Janice Crosby, appellant,

et al., defendants.

(Index No. 4135/12)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated March 19, 2018, on the ground that the record is inadequate, or, in the alternative, for leave to serve and file a supplemental record containing the underlying decision of the same court dated January 24, 2018, and 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; and it is further,

ORDERED that the branches of the motion which are for leave to serve and file a supplemental record containing an order of the same court dated January 24, 2018, and to extend the time to serve and file a brief are granted, and on or before January 28, 2019, the respondent shall serve and file a supplemental record containing the underlying decision dated January 24, 2018, and the respondent's brief.

LASALLE, J.P., BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court