| Bayview Loan Servicing, LLC v Gayer |
| Motion No: 2019-00502 |
| Slip Opinion No: 2020 NY Slip Op 60207(U) |
| Decided on January 7, 2020 |
| 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. |
Appellate Division: Second Judicial Department
M268677
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
JOHN M. LEVENTHAL
FRANCESCA E. CONNOLLY, JJ.
|
2019-00502 Bayview Loan Servicing, LLC, respondent, v Belle Lind Tuchinsky Gayer, appellant, et al., defendants. (Index No. 7111/16)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order and judgment of the Supreme Court, Nassau County, dated October 30, 2018, on the ground that the record is inadequate or to extend 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 branch of the motion which is to dismiss the appeal is denied on condition that on or before February 7, 2020, the appellant shall serve and file a supplemental record containing the affidavit of Mymamar Colon, dated October 25, 2017, with annexed exhibits; 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 March 9, 2020, 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.
RIVERA, J.P., BALKIN, LEVENTHAL and CONNOLLY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court