Opinion
2020-02174 Index 10051/2007
06-04-2021
Wells Fargo Bank, NA, etc., respondent, v. Yvonne Chaplin, appellant, et al., defendants.
M277416 E/sl
REINALDO E. RIVERA, J.P. LEONARD B. AUSTIN COLLEEN D. DUFFY BETSY BARROS, JJ.
DECISION & ORDER ON MOTION
Appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated December 16, 2019. Motion by the respondent, inter alia, to dismiss the appeal on the ground that the record is inadequate and on the ground that the appellant's brief improperly raises issues for the first time on appeal, or, in the alternative, to extend the time to serve and file a brief.
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 branch of the motion which is to dismiss the appeal on the ground that the record is inadequate is denied on condition that on or before July 6, 2021, the appellant serve a supplemental record containing (1) the exhibits annexed to the affirmation of Bridget M. Dehmler dated February 4, 2019, (2) the exhibits annexed to the affidavit of merit dated September 20, 2017, (3) the exhibits annexed to the appellant's affidavit dated February 14, 2019, and (4) the affirmation in opposition to the cross motion and reply affirmation in further support of the motion, dated April 29, 2019, with annexed exhibits, and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appellant's brief improperly raises issues for the first time on appeal is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; 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 August 5, 2021, 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; and it is further, ORDERED that the motion is otherwise denied.
RIVERA, J.P., AUSTIN, DUFFY and BARROS, JJ., concur.