Appellate Division: Second Judicial Department

M279480

E/sl

REINALDO E. RIVERA, J.P.

LEONARD B. AUSTIN

COLLEEN D. DUFFY

BETSY BARROS, JJ.

2020-02174 Wells Fargo Bank, NA, etc., respondent, v Yvonne Chaplin, appellant, et al., defendants. (Index No. 10051/2007)

DECISION & ORDER ON MOTION

Appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated December 16, 2019. Motion by the respondent to dismiss the appeal for failure to comply with a decision and order on motion of this Court dated June 4, 2021, or, in the alternative, to extend the time to serve and file a 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 condition that on or before November 22, 2021, the appellant serve a supplemental record containing (1) the exhibits annexed to the affirmation of Bridget M. Dehmler dated February 4, 2019, except for Exhibits B, C, and D, and (2) the exhibits annexed to the affidavit of merit dated September 20, 2017, and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website; 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, and on or before December 22, 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.

RIVERA, J.P., AUSTIN, DUFFY and BARROS, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court