| Citimortgage, Inc. v Mitchell |
| Motion No: 2019-02848 |
| Slip Opinion No: 2021 NY Slip Op 73820(U) |
| Decided on October 27, 2021 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M279814
E/afa
CHERYL E. CHAMBERS, J.P.
ROBERT J. MILLER
ANGELA G. IANNACCI
WILLIAM G. FORD, JJ.
|
2019-02848, 2020-08420 Citimortgage, Inc., respondent, v Debra Mitchell, appellant, et al., defendants. (Index No. 64412/2014)
| DECISION & ORDER ON MOTION |
Appeals from an order of the Supreme Court, Suffolk County, dated December 12, 2018, and a judgment of the same court entered September 28, 2020. By decision and order on motion of this Court dated August 12, 2020, the branch of the respondent's motion which was to dismiss the appeal on the ground that the record was inadequate was denied on condition that the appellant serve and file a supplemental record containing the trial exhibits by a date certain. By decision and order on motion of this Court dated December 14, 2020, the branch of the appellant's motion which was to extend the time to comply with the decision and order on motion of this Court dated August 12, 2020, was held in abeyance and the matter was referred to the Supreme Court, Suffolk County, for a reconstruction hearing with respect to the trial exhibits. The parties have filed a so-ordered stipulation and order of the Supreme Court, Suffolk County, dated October 18, 2021, with respect to the trial exhibits.
Now, upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, and upon the so-ordered stipulation and order dated October 18, 2021, it is
ORDERED that the branch of the appellant's motion which was to extend the time to comply with the decision and order on motion of this Court dated August 12, 2020, is granted and on or before November 29, 2021, the appellant serve and file, via NYSCEF, a supplemental record containing the subject exhibits; and it is further,
ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is extended, and on or before December 29, 2021, the respondent shall serve and file the respondent's brief, if any, via NYSCEF.
CHAMBERS, J.P., MILLER, IANNACCI and FORD, JJ., concur.
ENTER:
Maria T. Fasulo
Acting Clerk of the Court