Appellate Division: Second Judicial Department

M286274

AFA/

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 appellant to extend the time to comply with a decision and order on motion of this Court dated March 3, 2022, and, in effect, for leave to reargue its opposition to the branch of the respondent's prior motion which was to dismiss the appeal on the ground that the record is inadequate.

Upon the papers filed in support of the 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 on the Court's own motion, on or before February 3, 2023, the appellant shall 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 it is further,

ORDERED that on the Court's own motion, on or before March 6, 2023, 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