Appellate Division: Second Judicial Department

M282548

AFA/

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

On the Court's own motion, it is

ORDERED that the decision and order on motion of this Court dated April 15, 2022, in the above-entitled case is recalled and vacated, and the following decision and order on motion is substituted therefor:

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 and supplemental record are 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 May 16, 2022, the appellant file a second supplemental record containing the attorney affirmations filed in connection with the underlying motion that was determined by the order dated January 12, 2018, and any exhibits thereto which have not already been included in the record or supplemental record; 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 June 15, 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.

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

ENTER:

Maria T. Fasulo

Clerk of the Court