| U.S. Bank, National Association v Peralta |
| Motion No: 2018-03316 |
| Slip Opinion No: 2019 NY Slip Op 70077(U) |
| Decided on May 9, 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
M262606
E/mm
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
COLLEEN D. DUFFY
BETSY BARROS, JJ.
|
2018-03316, 2018-03317 U.S. Bank, National Association, respondent, v Elena Peralta, appellant, et al., defendants. (Index No. 14510/08)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss appeals from two orders of the Supreme Court, Kings County, both dated December 19, 2017, on the ground that the record is inadequate, and to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeals is denied on condition that on or before June 10, 2019, the appellant serve and file a supplemental record containing the respondent's opposition to the appellant's underlying cross motion, inter alia, to dismiss the complaint; and it is further,
ORDERED that the branch of the motion which is to extend the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until July 8, 2019, and the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., CHAMBERS, DUFFY and BARROS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court