Appellate Division: Second Judicial Department

M272888

MB/

CHERYL E. CHAMBERS, J.P.

COLLEEN D. DUFFY

FRANCESCA E. CONNOLLY

PAUL WOOTEN, JJ.

2019-09860 Citimortgage, etc., appellant, v Shirley Roque, respondent, et al., defendants. (Index No. 13154/2009)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated June 6, 2019. Motion by the appellant to strike the respondent's brief as untimely, or, in the alternative, for an extension of time to serve and file a reply brief. Application by the appellant for an extension of time to serve and file a reply 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 respondent's brief as untimely is denied; and it is further,

ORDERED that the branch of the motion which is for an extension of time to serve and file a reply brief and the application are granted, the appellant's time to serve and file a reply brief is extended, and on or before September 21, 2020, the appellant shall serve the reply brief and upload a digital copy of the reply 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 reply brief in accordance with any applicable administrative order or other order to be issued by the Court.

CHAMBERS, J.P., DUFFY, CONNOLLY and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court