| Wells Fargo Bank, N.A. v IPA Asset Management, III, LL |
| Motion No: 2011-11181 |
| Slip Opinion No: 2013 NY Slip Op 74397(U) |
| Decided on May 21, 2013 |
| 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
M156631
E/sl
RANDALL T. ENG, P.J.
THOMAS A. DICKERSON
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
|
2011-11181 Wells Fargo Bank., N.A., etc., appellant, v IPA Asset Management, III, LLC, et al., defendants, Josef C. Mangiarancina, et al., respondents (and a third-party action). (Index No. 9552/10)
| DECISION & ORDER ON MOTION |
Motion by the respondents to strike stated portions of the appellant's brief on an appeal from an order of the Supreme Court, Suffolk County, dated September 28, 2011, on the ground that the issues raised are barred by the doctrines of collateral estoppel or res judicata. Application by the appellant pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a reply brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is denied; and it is further,
ORDERED that the application is granted and the appellant's time to serve and file a reply brief is enlarged until May 30, 2013, and the reply brief must be served and filed on or before that date.
ENG, P.J., DICKERSON, ROMAN and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court