Wells Fargo Bank, NA v Chaplin
Motion No: 2010-08920
Slip Opinion No: 2012 NY Slip Op 66262(U)
Decided on March 5, 2012
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

M134201

E/sl

PETER B. SKELOS, J.P.

RANDALL T. ENG

ARIEL E. BELEN

JEFFREY A. COHEN, 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 respondent to dismiss appeals from two orders of the Supreme Court, Queens County, dated July 28, 2010, and January 7, 1011, respectively, for failure to comply with a decision and order on motion of this Court dated September 9, 2011, or, in the alternative, to strike stated portions of the supplemental record on appeal and the appellant's brief on the ground that they contain or matter dehors the record and, in effect, 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 stated portions of the supplemental record is granted to the extent that pages SR33 through SR42 of the supplemental record are stricken and on or before March 26, 2012, the appellant shall remove those pages from the copies of the supplemental record filed with the Clerk of the Court; 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, and the respondent's time to serve and file a brief is enlarged until April 25, 2012; and it is further,

ORDERED that the motion is otherwise denied.

SKELOS, J.P., ENG, BELEN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court