Appellate Division: Second Judicial Department

M259629

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON, JJ.

2016-13092 Citimortgage, Inc., respondent, v Everette Weaver, appellant, et al., defendants. (Index No. 18430/09)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated September 26, 2016. By order to show cause dated December 21, 2018, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled action for failure to comply with decisions and orders on motion of this Court dated March 9, 2018, and October 30, 2018, respectively.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that on the Court's own motion, the appellant's time to comply with the decisions and orders on motion of this Court dated March 9, 2018, and October 30, 2018, is extended and on or before February 13, 2019, the appellant shall serve and file a supplemental record containing the documents listed in paragraph 5 of the affirmation in support of the motion that resulted in the decision and order on motion dated March 9, 2018, and move to waive certification of the appellant's record and supplemental record pursuant to 22 NYCRR 1250.9(g), made simultaneously with the filing of the appellant's supplemental record; and it is further,

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

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is extended until March 15, 2019, and the respondent's brief shall be served and filed on or before that date.

BALKIN, J.P., ROMAN, MILLER and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court