Appellate Division: Second Judicial Department

M277331

MB/

HECTOR D. LASALLE, P.J.

MARK C. DILLON

ANGELA G. IANNACCI

LINDA CHRISTOPHER, JJ.

2018-02080 Wells Fargo Bank, NA, respondent, v Carmen Mendez, appellant. (Index No. 135251/2015)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Richmond County, dated January 12, 2018. Motion by the respondent to dismiss the appeal on the ground that the record is defective or, in the alternative, for an extension of time to serve and file a respondent's 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 is denied on the condition that, on or before August 30, 2021, the appellant file a supplemental record containing the underlying motion papers that resulted in the order dated January 12, 2018; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a respondent's brief is granted, and on or before September 30, 2021, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

LASALLE, P.J., DILLON, IANNACCI and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court