Appellate Division: Second Judicial Department

M268104

E/sl

ALAN D. SCHEINKMAN, P.J.

SYLVIA O. HINDS-RADIX

BETSY BARROS

PAUL WOOTEN, JJ.

2019-01520 Yelena Sharova, respondent, v Wells Fargo Bank, National Association, etc., et al., appellants. (Index No. 502846/18)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to strike the record and the appellants' brief on an appeal from an order and judgment (one paper) of the Supreme Court, Kings County, dated January 3, 2019, on the grounds that the record is inadequate and the brief improperly raises arguments for the first time on appeal. Application by the respondent pursuant to 22 NYCRR 1250.9(g)(1) 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, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to strike the appellants' brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is extended until January 10, 2020, and the respondent's brief shall be served and filed on or before that date.

SCHEINKMAN, P.J., HINDS-RADIX, BARROS and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court