Appellate Division: Second Judicial Department

M274539

E/sl

REINALDO E. RIVERA, J.P.

COLLEEN D. DUFFY

ANGELA G. IANNACCI

PAUL WOOTEN, JJ.

2019-02848 Citimortgage, Inc., respondent, v Debra Mitchell, appellant, et al., defendants. (Index No. 64412/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated December 12, 2018. Motion by the appellant to direct the respondent to produce the exhibits admitted into evidence at trial and to extend the time to comply with a decision and order on motion of this Court dated August 12, 2020, or, in the alternative, in effect, to waive the filing of the trial exhibits.

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 direct the respondent to produce the exhibits admitted into evidence at trial or, in the alternative, in effect, to waive the filing of the trial exhibits is denied; and it is further,

ORDERED that on the Court's own motion the matter is referred to the Supreme Court, Suffolk County, for a reconstruction hearing with respect to the trial exhibits; if the trial exhibits cannot be reconstructed the Supreme Court shall issue a report to this Court with all convenient speed; and it is further,

ORDERED that the branch of the motion which is to extend the time to comply with a decision and order on motion of this Court dated August 12, 2020, is held in abeyance in the interim.

RIVERA, J.P., DUFFY, IANNACCI and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court