Citimortgage, Inc. v Peralta
Motion No: 2018-11159
Slip Opinion No: 2019 NY Slip Op 82244(U)
Decided on October 21, 2019
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M266783

E/mb

SHERI S. ROMAN, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

ANGELA G. IANNACCI, JJ.

2018-11159

Citimortgage, Inc., respondent,

v Ramon A. Peralta, etc., appellant,

et al., defendants.

(Index No. 704844/16)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Queens County, dated June 13, 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 November 25, 2019, the appellant serve and file a supplemental record containing the exhibits annexed to the papers filed in support of the motion that was determined by the order dated June 13, 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 26, 2019, and the respondent's brief shall be served and filed on or before that date.

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

ENTER:

Aprilanne Agostino

Clerk of the Court