Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M275275

E/sl

REINALDO E. RIVERA, J.P.

ROBERT J. MILLER

VALERIE BRATHWAITE NELSON

PAUL WOOTEN, JJ.

2020-01292 MTGLQ Investors, L.P., respondent, v Walter M. Dunn, Jr., et al., defendants, Patio Building Condominium Corp., appellant. (Index No. 623142/2018)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Suffolk County, entered October 28, 2019. Motion by the respondent to dismiss the appeal on the grounds that no appeal lies from an order entered on default or that the appellant's appendix is inadequate, or in the alternative, to extend the time to serve and file a 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 dismiss the appeal on the ground that no appeal lies from an order entered on default is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appellant's appendix is inadequate is denied on condition that on or before February 26, 2021, the appellant serve and file via NYSCEF a replacement appellant's appendix which does not contain the material on pages 228 through 258 and serve and file via NYSCEF a supplemental appellant's appendix that contains the "Notice of Motion to Confirm Referee Report and for a Judgment of Foreclosure and Sale" dated September 9, 2019, together with the affirmation of Ted Eric May, dated September 9, 2019, filed in support of the respondent's motion to confirm the referee's report and for a judgment of foreclosure and sale, with annexed exhibits; and it is further,

ORDERED that the branch of the motion which is 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 March 26, 2021, the respondent shall serve and file the respondent's brief via NYSCEF 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.

RIVERA, J.P., MILLER, BRATHWAITE NELSON and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court