Appellate Division: Second Judicial Department

M265343

E/sl

REINALDO E. RIVERA, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2017-04268 JP Morgan Chase, etc., appellant, v Esther Twesky, respondent, et al., defendants. (Index No. 32760/08)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Kings County, dated January 27, 2017, on the ground that the record is inadequate. Separate motion by the appellant for leave to serve and file a replacement record and brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the respondent's motion is denied on condition that on or before September 19, 2019, the appellant serve and file a replacement record containing all of the papers filed in connection with the motion that resulted in the order dated January 27, 2017, and a replacement brief; and it is further,

ORDERED that appellant's motion is granted and the appellant shall serve and file a replacement record and a replacement brief as set forth above; and it is further,

ORDERED that on the Court's own motion, the respondent's brief is stricken and on or before October 21, 2019, the respondent may serve and file a replacement brief, if she be so advised; and it is further,

ORDERED that on the Court's own motion, the appellant's reply brief is stricken and on or before October 31, 2019, the appellant may serve and file a replacement reply brief, if it be so advised.

RIVERA, J.P., ROMAN, MALTESE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court