Appellate Division: Second Judicial Department

M262393

E/afa

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

FRANCESCA E. CONNOLLY

VALERIE BRATHWAITE NELSON, JJ.

2016-09499 Deutsche Bank National Trust Company, etc., respondent, v Gerald Martyn Upright, Jr., appellant, et al., defendant. (Index No. 5551/10)

DECISION & ORDER ON MOTION

Motion by the appellant to extend the time to comply with so much of a decision and order on motion of this Court dated January 10, 2019, as directed him to serve and file a supplemental record containing the judgment, on an appeal from a judgment of the Supreme Court, Westchester County, dated August 1, 2018. Separate motion by the respondent for leave to reargue the appellant's prior motion, inter alia, in effect, pursuant to CPLR 5520(c) to deem the notice of appeal from an order of the same court dated August 26, 2016, to be a premature notice of appeal from the judgment to the extent that the judgment brings the order up for review, which was determined by the decision and order on motion of this Court dated January 10, 2019.

Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the appellant's motion is granted, and on or before May 8, 2019, the appellant shall serve and file a supplemental record containing the judgment dated August 1, 2018; and it is further,

ORDERED that no further extension of time of the time to serve and file the supplemental record shall be granted; and it is further,

ORDERED that the respondent's motion is denied.

LEVENTHAL, J.P., HINDS-RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court