Appellate Division: Second Judicial Department

M125445

E/sl

JOSEPH COVELLO, J.P.

DANIEL D. ANGIOLILLO

CHERYL E. CHAMBERS

L. PRISCILLA HALL, JJ.

2010-08920, 2011-01845 Wells Fargo Bank, NA, respondent, v Yvonne E. Chaplin, appellant. (Index No. 10051/07)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on appeals from two orders of the Supreme Court, Queens County, dated July 28, 2010, and January 7, 2011, respectively, inter alia, to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Motion by the respondent to dismiss the appeals on the ground that no appeal lies from an order denying reargument, on the ground that the record on appeal is inadequate, and on the ground that the record and the appellant's brief contain or refer to matter dehors the record. Separate motion by the appellant pro se for poor person relief. Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motions and the application and the papers filed in opposition thereto, it is

ORDERED that the branch of the respondent's motion which is to dismiss the appeal from the order dated January 7, 2011, on the ground that no appeal lies from an order denying reargument 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 respondent's motion which is to dismiss the appeals on the ground that the record on appeal is inadequate is denied on condition that on or before September 30, 2011, the appellant serve and file a supplemental record containing the transcript of the traverse hearing, properly settled (see CPLR 5525), and correct the table of contents contained in the copies of the record filed with the Clerk of the Court to reflect the proper dates of the notices of appeal and the orders appealed from; and it is further,

ORDERED that the branch of the respondent's motion which is to dismiss the appeals on the ground that the record and the appellant's brief contain or refer to matter dehors the record is denied on condition that on or before September 30, 2011, the appellant remove pages 212 through 225 from the copies of the record filed with the Clerk of the Court and remove Points II and III from the copies of the appellant's brief filed with the Clerk of the Court, as well as references to those points in the table of contents of those briefs; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that the appellant's motion to waive the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal is granted on condition that she comply with the aforementioned directives; and it is further,

ORDERED that the appellant's motion for poor person relief is denied; and it is further,

ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until October 31, 2011, and the respondent's brief must be served and filed on or before that date.

COVELLO, J.P., ANGIOLILLO, CHAMBERS and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court