Appellate Division: Second Judicial Department

M268424

kbp/

WILLIAM F. MASTRO, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

VALERIE BRATHWAITE NELSON, JJ.

2018-12887, 2018-13658 Bank of New York Mellon, etc., respondent, v Eric Shurko, et al., defendants, Adam Plotch, appellant. (Index No. 508916/16)

DECISION & ORDER ON MOTION

Motion by the respondent to compel the appellant to serve and file a supplemental appendix containing certain material on appeals from two orders of the Supreme Court, Kings County, both dated September 12, 2018, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and the appellant shall serve and file a supplemental appendix containing exhibits 1-6 which were annexed to the complaint and the amended complaint, exhibits B, D, E, G, O, P, Q, and V, which were annexed to the motion papers in support of the respondent's underlying motion which was determined by the order dated September 12, 2018, and exhibits 5, 6, 7, and 13, which were annexed to the affidavit of Daniel Maynes submitted in support of that motion, on or before January 27, 2020; and it is further,

ORDERED that the respondent's time to serve and file a brief is extended until February 26, 2020, and the respondent's brief shall be served and filed on or before that date.

MASTRO, J.P., MILLER, MALTESE and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court