Appellate Division: Second Judicial Department

M287744

KS/

MARK C. DILLON, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

BARRY E. WARHIT, JJ.

2019-09089 U.S. Bank National Association, respondent, v Haleh Kerendian, appellant, et al., defendant. (Index No. 5341/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated May 2, 2019. By decision and order on motion of this Court dated August 17, 2022, the appellant was directed to serve and file a supplemental appendix containing the order with notice of entry. The appellant did not file the supplemental appendix. By order to show cause dated January 18, 2023, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal in the above-entitled matter for failure to comply with the decision and order on motion of this Court dated August 17, 2022. Application by the appellant to extend the time to comply with the decision and order on motion of this Court dated August 17, 2022.

Now, upon the order to show cause and the papers filed in response thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion to dismiss the appeal is denied; and it is further,

ORDERED that the application is granted, and on or before March 23, 2023, the appellant shall serve and file a supplemental appendix containing the order dated May 2, 2019, with notice of entry, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental appendix and upload a digital copy of the supplemental appendix, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that no further extension of time shall be granted.

DILLON, J.P., MALTESE, WOOTEN and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court