Appellate Division: Second Judicial Department

M281724

E/sl

BETSY BARROS, J.P.

REINALDO E. RIVERA

ROBERT J. MILLER

DEBORAH A. DOWLING, JJ.

2020-08598 Citimortgage, Inc., appellant, v Fitzroy Baptiste, respondent, et al., defendants. (Index No. 509217/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated February 24, 2020. Motion by the respondent to dismiss the appeal on the ground that the record is inadequate 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 May 2, 2022, the appellant serve and file, via NYSCEF, a supplemental record containing the transcript of the traverse hearing as well as the exhibits entered into evidence at the traverse hearing and/or move for a reconstruction hearing concerning any exhibits that are unavailable; 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 June 1, 2022, 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.

BARROS, J.P., RIVERA, MILLER and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court