Appellate Division: Second Judicial Department

M276451

MB/

LEONARD B. AUSTIN, J.P.

HECTOR D. LASALLE

BETSY BARROS

PAUL WOOTEN, JJ.

2020-07066, 2020-07067 U.S. Bank National Association, etc., respondent, v Davie Simmons, etc., appellant, et al., defendants. (Index No. 606543/2016)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Suffolk County, both dated August 31, 2020. Motion by the appellant for leave to serve and file a supplemental record or, in the alternative, to strike stated portions of the respondent's brief on the ground that they raise a contention for the first time on the appeals, and to extend the time to serve and file a reply 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 for leave to serve and file a supplemental record is denied; and it is further,

ORDERED that the branch of the motion which is to strike stated portions of the respondent's brief on the ground that they raise a contention for the first time on the appeals is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a reply brief is granted, the appellant's time to serve and file a reply brief via NYSCEF is extended until April 12, 2021, and the appellant shall file an original and five hard copies of the reply brief in accordance with any applicable administrative order or other order to be issued by the Court.

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

ENTER:

Aprilanne Agostino

Clerk of the Court