PRESENT: SMITH, J.P., CENTRA, FAHEY, CARNI, AND VALENTINO, JJ.

DOCKET NO. CA 12-02062
DOCKET NO. CA 13-00517
DOCKET NO. CA 13-00518

CHARTER ONE BANK, FSB, PLAINTIFF-RESPONDENT, V RICHARD F. MILLS, JUDY L. MILLS, ET AL., DEFENDANTS-APPELLANTS. (Index No. 49663) CHARTER ONE BANK, FSB, PLAINTIFF-RESPONDENT, V RICHARD F. MILLS, JUDY L. MILLS, ET AL., DEFENDANTS-APPELLANTS. (Index No. 49663) CHARTER ONE BANK, FSB, PLAINTIFF-RESPONDENT, V RICHARD F. MILLS, JUDY L. MILLS, ET AL., DEFENDANTS-APPELLANTS. (Index No. 49663)

Respondent having moved to strike certain documents from the record, having moved to strike matters outside of the record in appellant Richard F. Mills' brief, having moved to supplement the record, and having moved for an extension of time to file and serve a respondent's brief on the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Genesee on January 13, 2012 (Docket No. CA 13-00517), March 4, 2012 (Docket No. CA 13-00518), and October 10, 2012 (Docket No. CA 12-02062),

Now, upon reading and filing the affirmation of John A. Mancuso, Esq., dated June 10, 2013, the notice of motion with proof of service thereof, and the affidavit of Richard Mills sworn to June 13, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to strike from the record all documents that were included in the record in violation of Supreme Court's order dated April 29, 2013, settling the record is granted, and

It is further ORDERED that the motion insofar as it seeks to strike appellant's brief's references to those documents that were included in violation of Supreme Court's order dated April 29, 2013, settling the record is granted, and

It is further ORDERED that the motion insofar as it seeks permission to supplement the record to include omitted documents contained in Supreme Court's order settling the record is granted on the condition that respondent files and serves the supplemental record in accordance with the Court's rules on or before August 19, 2013, and

It is further ORDERED that the motion insofar as it seeks an extension of time to file and serve a respondent's brief is granted on condition that the brief is filed and served on or before August 19, 2013, and the Clerk is directed to accept the brief for filing, and

It is further ORDERED that reply briefs, if any, shall be filed and served on or before September 3, 2013.

Entered: July 19, 2013

Frances E. Cafarell, Clerk