Appellate Division: Second Judicial Department

M264502

E/sl

RUTH C. BALKIN, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

JOSEPH J. MALTESE, JJ.

2018-06776 Nationstar Mortgage, LLC, respondent, v Kishor K. Rao, appellant. (Index No. 710490/17)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Queens County, dated March 9, 2018, on the grounds that the appeal has been rendered academic and that the appellant's appendix contains matter dehors the record and is inadequate, for an award of costs, 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 on the ground that the appellant's appendix contains matter dehors the record and is inadequate is denied on condition that on or before August 15, 2019, the appellant serve and file a supplemental appellant's appendix containing the papers filed by the respondent in opposition to the motion which resulted in the order dated March 9, 2018, with annexed exhibits, remove pages A58 through A65 from the copies of the appellant's appendix filed with the Clerk of the Court, and file a digital copy of the corrected appellant's appendix; 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 September 16, 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.

BALKIN, J.P., ROMAN, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court