Appellate Division: Second Judicial Department

M275137

E/sl

WILLIAM F. MASTRO, A.P.J.

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON

ANGELA G. IANNACCI, JJ.

2018-13153, 2020-00850 Wilmington Savings Fund Society, FSB, etc., respondent, v Chaitram Misir, etc., appellant, et al., defendants. (Index No. 611879/2017)

DECISION & ORDER ON MOTION

2019-04755

Wilmington Savings Fund Society, FSB, etc.,

respondent, v Chaitram Misir, etc., appellant,

et al., defendants.

(Index No. 611879/2017)

Appeals from two orders of the Supreme Court, Nassau County, entered October 4, 2018, and February 4, 2019, respectively, and a judgment of the same court entered December 10, 2019. Motion by the respondent for leave to serve and file a second supplemental record in connection with the appeal from the order entered October 4, 2018, and the judgment containing certain material. Separate motion by the respondent to consolidate the appeals from the order entered October 4, 2018, and the judgment with the appeal from the order entered February 4, 2019, and to extend the time to serve and file a brief in connection with the appeal from the order entered February 4, 2019.

Upon the papers filed in support of the motion for leave to serve and file a second supplemental record and the papers filed in relation thereto, and upon the papers filed in support of the motion, inter alia, to consolidate the appeals and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion for leave to serve and file a second supplemental record is granted and on or before February 22, 2021, the respondent shall serve a second supplemental record containing the material set forth in paragraph 4 of the affirmation of Michael C. Manniello dated October 15, 2020, filed in support of the motion and upload a digital copy of the second supplemental record, 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 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 consolidate the appeals from the order entered October 4, 2018, and the judgment with the appeal from the order entered February 4, 2019, is denied; and it is further,

ORDERED that on the Court's own motion, the appeals from the order entered October 4, 2018, and the judgment and the appeal from the order entered February 4, 2019, will be calendared together and will be argued or submitted on the same date; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief in connection with the appeal from the order entered February 4, 2019, is granted, the respondent's time to serve and file a brief in connection with the appeal from the order entered February 4, 2019, is extended, and on or before February 22, 2021, the respondent shall serve the brief and upload a digital copy of the 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 brief in accordance with any applicable administrative order or other order to be issued by the Court.

MASTRO, A.P.J., HINDS-RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court