Appellate Division: Second Judicial Department

M277113

E/sl

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

LEONARD B. AUSTIN

COLLEEN D. DUFFY, JJ.

2017-11405 Bank of New York, etc., respondent, v Segundo A. Dutan, appellant, et al., defendants. (Index No. 13739/2009)

DECISION & ORDER ON MOTION

Appeal from a judgment of the Supreme Court, Queens County, dated January 31, 2017. Motion by the respondent to dismiss the appeal on the ground that the appellant's appendix is inadequate or, in the alternative, to extend the time to serve and file a brief and appendix.

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 appeal is denied on condition that on or before July 1, 2021, the appellant serves a supplemental appellant's appendix containing (1) his notice of cross motion dated April 6, 2015, annexed affirmation of Barry N. Frank dated April 6, 2015, annexed appellant's affidavit dated March 26, 2015, and annexed exhibits, (2) affirmation of George L Weissinger dated May 13, 2015, filed in opposition to that cross motion and in support of the respondent's motion for a judgment of foreclosure and sale, and annexed exhibits, and (3) reply affirmation of Barry N. Frank dated May 29, 2015, and annexed exhibits, and upload a digital copy of the supplemental appellant's appendix, with proof of service thereof, through the digital portal on this Court's website, and the appellant shall file an original and five hard copies of the supplemental appellant's 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 and appendix is granted, the respondent's time to serve and file a brief and appendix, if any, is extended, and on or before August 2, 2021, the respondent shall serve the respondent's brief and appendix, if any, and upload a digital copy of the respondent's brief and appendix, if any, 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 and appendix, if any, in accordance with any applicable administrative order or other order to be issued by the Court.

DILLON, J.P., CHAMBERS, AUSTIN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court