Appellate Division: Second Judicial Department

M258995

E/sl

RUTH C. BALKIN, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

COLLEEN D. DUFFY, JJ.

2016-04879, 2018-05060 U.S. Bank National Association, etc., respondent, v Chandrakant Sheth, appellant, et al., defendants. (Index No. 17778/07)

DECISION & ORDER ON MOTION

Motion by the appellant to extend the time to perfect an appeal from a judgment of the Supreme Court, Queens County, entered December 13, 2017, to consolidate that appeal with an appeal from an order of the same court entered October 23, 2015, to deem the record and briefs filed in connection with the appeal from the order to be filed in connection with the appeal from the judgment, and for leave to serve and file a supplemental brief and a supplemental record containing the judgment, the notice of appeal from the judgment, and any papers which are a part of the record on appeal for the judgment that are not contained in the record filed in connection with the appeal from the order.

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 motion is granted, and on or before February 8, 2019, the appellant shall serve and file a supplemental brief and a supplemental record containing the judgment, the notice of appeal from the judgment, and any papers which are a part of the record on appeal for the judgment that are not contained in the record filed in connection with the appeal from the order; and it is further,

ORDERED that on or before February 8, 2019, the respondent shall correct the cover of its brief to add the Appellate Division Docket No. 2018-05060, and the appellant shall correct the covers of the record, the appellant's brief, and the reply brief to add the Appellate Division Docket No. 2018-05060, and correct the CPLR 5531 statement contained in the record and the appellant's brief.

BALKIN, J.P., COHEN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court