Appellate Division: Second Judicial Department

M274299

MB/

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

HECTOR D. LASALLE

ANGELA G. IANNACCI, JJ.

2020-01414, 2020-02911 JPMorgan Chase Bank, National Association, respondent, v Joseph Esparza, et al., appellants, et al., defendants. (Index No. 502637/2015)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, dated January 7, 2020, and February 14, 2020, respectively. Motion by the respondent, inter alia, to dismiss the appeals on the ground that the record is inadequate, or to strike stated portions of the appellants' brief on the ground they raise arguments for the first time on appeal, and to extend the time to serve and file a respondent's 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 strike stated portions of the appellants' brief on the ground that they raise arguments for the first time on appeal is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that branch of the 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 December 28, 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.

DILLON, J.P., CHAMBERS, LASALLE and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court