Residential Funding Company, LLC v Clarke
Motion No: 2010-11087
Slip Opinion No: 2011 NY Slip Op 84151(U)
Decided on September 20, 2011
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M126153

E/sl

WILLIAM F. MASTRO, J.P.

PETER B. SKELOS

THOMAS A. DICKERSON

PLUMMER E. LOTT, JJ.

2010-11087

Residential Funding Company, LLC, respondent,

v Gayon Clarke, appellant, et al., defendants.

(Index No. 07-9733)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to withdraw the brief previously filed and to file a replacement brief on an appeal from an order of the Supreme Court, Westchester County, dated October 26, 2010.

Upon the papers filed in support of the motion and the papers filed in relation thereto, it is

ORDERED that the motion is granted, the appellant's brief is deemed withdrawn, and on or before October 5, 2011, the appellant shall serve and file the replacement brief; and it is further,

ORDERED that the respondent shall serve and file a brief in response to the appellant's replacement brief in accordance with the rules of the Court (see 22 NYCRR 670.8[b]).

MASTRO, J.P., SKELOS, DICKERSON and LOTT, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court