Appellate Division: Second Judicial Department

M264300

E/mm

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

ROBERT J. MILLER, JJ.

2018-12056 Wells Fargo Bank, National Association, etc., respondent, v Simon Harrison, et al., appellants, et al., defendants. (Index No. 69968/14)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, entered August 8, 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 August 12, 2019, the appellant serve and file a supplemental record containing the affidavit of Theresa Robertson dated December 29, 2017, and the papers filed in connection with the motion that was determined by an order of the Supreme Court, Suffolk County, dated November 27, 2017; and it is further,

ORDERED that the branch of the 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 September 11, 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.

RIVERA, J.P., ROMAN, COHEN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court