Appellate Division: Second Judicial Department

M284740

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 appellant to extend the time to serve and file a second supplemental record and to enlarge the record to include certain material. Cross motion by the respondent to dismiss the appeal for failure to comply with a decision and order on motion of this Court dated April 18, 2022, which directed the appellant to serve and 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 had not already been included in the record or supplemental record on or before a date certain, 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, and upon the papers filed in support of the cross motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is denied; and it is further,

ORDERED that the branch of the cross motion which is to dismiss the appeal is granted, and the appeal is dismissed, without costs or disbursements, for failure to comply with the decision and order on motion of this Court dated April 18, 2022; and it is further,

ORDERED that the cross motion is otherwise denied as academic.

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

ENTER:

Maria T. Fasulo

Clerk of the Court