Appellate Division: Second Judicial Department

M271019

kbp/

MARK C. DILLON, J.P.

JEFFREY A. COHEN

ROBERT J. MILLER

BETSY BARROS, 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 appellant on appeals from two orders of the Supreme Court, Kings County, both dated September 12, 2018, to extend the time to comply with a decision and order on motion of this Court dated December 26, 2019. Separate motion by the respondent to dismiss the appeals for failure to comply with the decision and order on motion of this Court dated December 26, 2019, or, in the alternative, to extend the time to serve and file a brief.

Upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, it is

ORDERED that the appellant's motion is granted, and on or before June 16, 2020, the appellant shall serve a supplemental appellant's 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, and upload digital copies of the supplemental appellant's appendix, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the supplemental appellant's appendix in accordance with any applicable administrative order or other order to be issued by the Court; and it is further,

ORDERED that the branch of the respondent's motion which is to dismiss the appeals is denied; and it is further,

ORDERED that the branch of the respondent's motion which is to extend the time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended, and on or before July 16, 2020, the respondent shall serve the respondent's brief and upload digital copies of the respondent's brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court.

DILLON, J.P., COHEN, MILLER and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court