Opinion
Motion No. 2020-02174 Index No. 10051/2007
04-14-2023
Wells Fargo Bank, NA, etc., Respondent, v. Yvonne Chaplin, Appellant, et al., Defendants.
Unpublished Opinion
MOTION DECISION
M288453
COLLEEN D. DUFFY, J.P., BETSY BARROS, REINALDO E. RIVERA, ROBERT J. MILLER, JJ.
DECISION & ORDER ON MOTION
Appeal from an order and judgment (one paper) of the Supreme Court, Queens County, entered December 23, 2019. Motion by the appellant, in effect, for an extension of time to comply with a decision and order on motion of this Court dated October 6, 2021. Cross motion by the respondent to dismiss the appeal for failure to comply with the decision and order on motion of this Court dated October 6, 2021, or, in the alternative, to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and cross motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted, and the branch of the cross motion which is to dismiss the appeal is denied on condition that on or before May 15, 2023, the appellant serves a supplemental record containing (1) the exhibits annexed to the affirmation of Bridget M. Dehmler dated February 4, 2019, except for Exhibits B, C, and D, and (2) the exhibits annexed to the affidavit of merit dated September 20, 2017, and uploads 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 no further extension of time to comply with the decision and order on motion of this Court dated October 6, 2021, shall be granted; and it is further, ORDERED that the branch of the cross motion which is to extend the respondent's time to serve and file a brief is granted, and on or before June 14, 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.
DUFFY, J.P., BARROS, RIVERA and MILLER, JJ., concur.