| Citimortgage, Inc. v Brown |
| Motion No: 2009-11595 |
| Slip Opinion No: 2010 NY Slip Op 87737(U) |
| Decided on November 12, 2010 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M110831
E/sl
REINALDO E. RIVERA, J.P.
JOHN M. LEVENTHAL
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
|
2009-11595 Citimortgage, Inc., respondent, v Isaac Brown, appellant. (Index No. 08-4020)
| DECISION & ORDER ON MOTION |
Motion by the respondent on an appeal from an order of the Supreme Court, Orange County, dated November 2, 2009, to strike the record on the ground that it contains matter dehors the record and as inadequate, to direct the appellant to file a replacement record, and to strike stated portions of the appellant's brief that refer to matter dehors the record, or, in the alternative, to dismiss the appeal based on the deficiencies in the record, and to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike the record is granted to the extent that pages 81 and 141 of the record on appeal are stricken and on or before November 29, 2010, the appellant shall remove those pages from the copies of the record filed with the Clerk of the Court and insert the affidavit of service of the notice of entry of judgment of foreclosure and sale dated April 2, 2009, and the affidavit of service of the notice of sale dated April 2, 2009, into the copies of the record filed with the Clerk of the Court as pages 161a and 178a, respectively, and that branch of the motion is otherwise denied; and it is further,
ORDERED that the branch of the motion which is to strike stated portions of the appellant's brief that refer to matter dehors the record is denied without prejudice to raising the issue in respondent's brief; and it is further,
ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until December 20, 2010, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., LEVENTHAL, HALL and ROMAN, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court