Appellate Division: Second Judicial Department

M263859

E/mm

MARK C. DILLON, J.P.

JEFFREY A. COHEN

BETSY BARROS

FRANCESCA E. CONNOLLY, JJ.

2018-13585 U.S. Bank National Association, etc., respondent, v Elise M. Negrin, appellant, et al., defendants. (Index No. 1416/14)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from a judgment of the Supreme Court, Nassau County, entered September 28, 2018, on the ground that the record is inadequate or, in the alternative, 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 appeal is denied on condition that on or before July 25, 2019, the appellant remove pages 83 through 107, 123, and 124 from the copies of the record filed with the Clerk of this Court and serve and file a supplemental record which contains Exhibits 7 and 9 to the affidavit of Sherry Benight dated March 20, 2017, and the affidavit of Patricia Lerwill dated March 26, 2018, with the exhibits annexed thereto; 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 August 24, 2016, and the respondent's brief shall be served and filed on or before that date.

DILLON, J.P., COHEN, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court