Appellate Division: Second Judicial Department

M274259

E/sl

MARK C. DILLON, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

PAUL WOOTEN, JJ.

2019-12016 US Bank National Association, etc., respondent, v Edward Corley, et al., appellants, et al., defendant. (Index No. 6390/2015)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Nassau County, entered June 14, 2017. Motion by the respondent, inter alia, to dismiss the appeal from the judgment on the ground that the record is inadequate and on the ground that the appeal is untimely taken, to dismiss a purported appeal from an order entered August 30, 2019, on the ground that no appeal lies from an order denying reargument or, in the alternative, 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 on the ground that the record is inadequate is denied on condition that on or before December 28, 2020, the appellants shall serve a supplemental record containing the motion papers resulting in the judgment and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website, and the appellants shall 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 dismiss a purported appeal from the order entered August 30, 2019, is denied as unnecessary as no appeal was taken from that order; 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 January 27, 2021, 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 the respondent shall 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., HINDS-RADIX, BARROS and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court