Appellate Division: Second Judicial Department

M266495

E/sl

LEONARD B. AUSTIN, J.P.

COLLEEN D. DUFFY

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2019-00405 U.S. Bank National Association, etc., respondent, v Journette Barbot, appellant, et al., defendants. (Index No. 700452/18)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Queens County, entered December 5, 2018, on the ground that the appellant's appendix 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 November 8, 2019, the appellant serve and file a supplemental appellant's appendix containing the respondent's complaint, with attached note, which was annexed to the papers filed in support of the respondent's motion for summary judgment, which was determined by the order entered December 5, 2018; 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 December 9, 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.

AUSTIN, J.P., DUFFY, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court