Citibank N.A. as Trustee for v Marc Scott Kallman

Motion No: M-287

Slip Opinion No: 2019 NYSlipOp 63415(U)

Decided on February 19, 2019

Appellate Division, First 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.

February 19, 2019

Citibank, N.A., as Trustee for

American Home Mortgage Assets Trust

2006-3 Mortgage-Backed Pass-Through

Certificate Series 2006-3,

Plaintiff-Respondent,

v

Marc Scott Kallman, Defendant-Appellant,

-and-

Board of Managers of 52 East End

Avenue Condominium Homeowners

Association, et al.,

Defendants.

An appeal having been taken to this Court from a Judgment of Foreclosure and Sale of the Supreme Court, New York County, entered on or about September 27, 2017, and said appeal having been perfected, And plaintiff-respondent having moved for an order dismissing the aforesaid appeal or, in the alternative, directing defendant-appellant to file a supplemental appendix on the appeal (M-6764), And defendant-appellant having cross-moved to deem the appeal timely perfected, and for leave to file a supplemental appendix on the appeal (M-287), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion and cross motion are granted to the extent of directing defendant-appellant to file a supplemental appendix on the appeal within 10 days of the date of entry hereof. The motion is otherwise denied, and the cross motion is denied as unnecessary, the appeal having been timely perfected.ENTERED: February 19, 2019

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, John W. Sweeny, Jr. Troy K. Webber Marcy L. Kahn Cynthia S. Kern,Justices

M-287

M-6764

Index No. 810107/10