| MTGLQ Investors, L.P. v Balan |
| Motion No: 2019-09780 |
| Slip Opinion No: 2020 NY Slip Op 67938(U) |
| Decided on July 1, 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
M271680
E/sl
CHERYL E. CHAMBERS, J.P.
SHERI S. ROMAN
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.
|
2019-09780 MTGLQ Investors, L.P., respondent, v Micheline Balan, appellant, et al., defendants. (Index No. 509112/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated July 18, 2019. Motion by the respondent, inter alia, to dismiss the appeal 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 August 17, 2020, the appellant serve a supplemental record containing the documents that were referenced by a NYSCEF document number in the affirmation of Lancelot E. Colquitt dated June 4, 2019, filed in connection with the motion that was determined by the order dated July 18, 2019, and upload a digital copy of the supplemental record, 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 record 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 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, and on or before September 21, 2020, the respondent shall serve the respondent's brief and upload a digital copy 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; and it is further,
ORDERED that the motion is otherwise denied.
CHAMBERS, J.P., ROMAN, COHEN and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court