Opinion
2019-02848 2020-08420 Index 64412/2014
10-27-2021
Citimortgage, Inc., respondent, v. Debra Mitchell, appellant, et al., defendants
M279814 E/afa
CHERYL E. CHAMBERS, J.P. ROBERT J. MILLER ANGELA G. IANNACCI WILLIAM G. FORD, JJ.
DECISION & ORDER ON MOTION
Appeals from an order of the Supreme Court, Suffolk County, dated December 12, 2018, and a judgment of the same court entered September 28, 2020. By decision and order on motion of this Court dated August 12, 2020, the branch of the respondent's motion which was to dismiss the appeal on the ground that the record was inadequate was denied on condition that the appellant serve and file a supplemental record containing the trial exhibits by a date certain. By decision and order on motion of this Court dated December 14, 2020, the branch of the appellant's motion which was to extend the time to comply with the decision and order on motion of this Court dated August 12, 2020, was held in abeyance and the matter was referred to the Supreme Court, Suffolk County, for a reconstruction hearing with respect to the trial exhibits. The parties have filed a so-ordered stipulation and order of the Supreme Court, Suffolk County, dated October 18, 2021, with respect to the trial exhibits.
Now, upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, and upon the so-ordered stipulation and order dated October 18, 2021, it is
ORDERED that the branch of the appellant's motion which was to extend the time to comply with the decision and order on motion of this Court dated August 12, 2020, is granted and on or before November 29, 2021, the appellant serve and file, via NYSCEF, a supplemental record containing the subject exhibits; and it is further, ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is extended, and on or before December 29, 2021, the respondent shall serve and file the respondent's brief, if any, via NYSCEF.
CHAMBERS, J.P, MILLER, IANNACCI and FORD, J.J., concur