Appellate Division: Second Judicial Department

M261334

U/mm

REINALDO E. RIVERA, J.P.

RUTH C. BALKIN

CHERYL E. CHAMBERS

ROBERT J. MILLER, JJ.

2018-01184, 2018-01185 BNY Mellon, respondent, v John Barone, appellant. (Index No. 12076/13)

DECISION & ORDER ON MOTION

Motion by the respondent to enlarge the record on appeals from two orders of the Supreme Court, Kings County, both dated October 3, 2017, to include a certain notice of appearance in the above-entitled action dated September 30, 2013, which is annexed to the motion papers as Exhibit C. By decision and order on motion of this Court dated March 6, 2019, the matter was referred to the Supreme Court, Kings County, to report on whether it considered the notice of appearance in the above-entitled action dated September 30, 2013, annexed to the appellant's motion papers as Exhibit C, in determining the motion and cross motion that resulted in the order dated October 3, 2017, and the motion was held in abeyance in the interim. The Supreme Court, Kings County, has issued a report dated March 8, 2019.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, and upon the report of the Supreme Court, Kings County, dated March 8, 2019, it is

ORDERED that the motion is denied as unnecessary in light of the report of the Supreme Court, Kings County, dated March 8, 2019; and it is further,

ORDERED that on or before April 24, 2019, the respondent may serve and file a supplemental record containing, inter alia, the notice of appearance in the above-entitled action dated September 30, 2013; 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 April 24, 2019, and the respondent's brief, if any, shall be served and filed on or before that date.

RIVERA, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court