Appellate Division: Second Judicial Department

M276651

MB/

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 appellant, in effect, for leave to reargue stated portions of the respondent's prior motion which is to dismiss the appeal, which was determined by decision and order on motion of this Court dated January 27, 2021, and to extend the time to comply with the decision and order on motion of this Court dated January 27, 2021.

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 reargue is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to comply with the decision and order on motion of this Court dated January 27, 2021, is granted, and the branch of the respondent's prior 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 May 17, 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.

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

ENTER:

Aprilanne Agostino

Clerk of the Court