Appellate Division: Second Judicial Department

M275523

E/sl

LEONARD B. AUSTIN, J.P.

ROBERT J. MILLER

HECTOR D. LASALLE

BETSY BARROS, JJ.

2019-08534, 2019-13076 JPMorgan Chase Bank National Association, respondent, v Mariana Nehorayoff, et al., appellants, et al., defendants. (Index No. 66892/2016)

DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Westchester County, dated June 3, 2019, and an order and judgment (one paper) of the same court dated October 8, 2019. Motion by the respondent to dismiss the appeals on the ground that the appellants' appendix is inadequate or, in the alternative, to direct the appellant to serve and file a supplemental appendix containing certain material and 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 appeals is denied; and it is further,

ORDERED that the branch of the motion which is to direct the appellants to serve and file a supplemental appendix is granted, and on or before March 12, 2021, the appellants shall serve and file a supplemental appellants' appendix via NYSCEF which contains (1) Schedules A, B, C, D, and E, which were annexed to the amended complaint dated November 14, 2016; (2) Exhibits A through L which were annexed to the affirmation of James P. Berg dated January 25, 2018; (3) Exhibits A through E which were annexed to the affirmation of James P. Berg dated May 11, 2018; (4) Exhibits A through N which were annexed to the affirmation of James P. Berg dated August 28, 2018; (5) Exhibits A through C which were annexed to the affirmation of Erica R. Stein dated December 2, 2018; (6) Exhibits A and B which were annexed to the affirmation of Erica R. Stein dated November 9, 2018; (7) Exhibits A through Q which were annexed to the affirmation of Mehmet Basoglu dated March 19, 2019; (8) Exhibits A through F, I through K, and Q through S which were annexed to the affirmation of Carl Person dated April 12, 2019; (9) Exhibits A and B which were annexed to the affirmation of Erica R. Stein dated April 18, 2019; (10) Exhibits A through O which were annexed to the affirmation of Carl Person dated June 29, 2019; and (11) Exhibits A and C through M which were annexed to the affirmation of Simone Sebastian dated July 22, 2019, and the appellants shall file an original and five hard copies of the supplemental appellants' appendix 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 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 April 12, 2021, the respondent shall serve a 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 respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court.

AUSTIN, J.P., MILLER, LASALLE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court