| Citimortgage, Inc. v Weaver |
| Motion No: 2016-13092 |
| Slip Opinion No: 2019 NY Slip Op 68096(U) |
| Decided on April 16, 2019 |
| 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. |
Appellate Division: Second Judicial Department
M261968
E/afa
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 |
Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated September 26, 2016, for failure to comply with decisions and orders on motion of this Court dated March 9, 2018, and October 30, 2018, respectively, or, in the alternative, to extend the time to serve and file a brief. Separate motion by the appellant pro se to waive certification of the record and supplemental record pursuant to 22 NYCRR 1250.7(g).
Upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, and upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the respondent's motion which is to dismiss the appeal is denied on condition that on or before May 7, 2019, the appellant serve and file a second supplemental record containing Exhibits S, T, U, and V of the affirmation of regularity dated February 3, 2016; and it is further,
ORDERED that no extension of time to serve and file the second supplemental record shall be granted; and it is further,
ORDERED that the branch of the respondent's motion which is to extend the time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until June 7, 2019, and the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that appellant's motion is denied without prejudice to moving to waive certification of the appellant's record, supplemental record, and second supplemental record pursuant to 22 NYCRR 1250.9(g) simultaneously with the filing of the second supplemental record.
BALKIN, J.P., ROMAN, MILLER and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court