| BAC Home Loan Servicing, LP v Paulsen |
| Motion No: 2013-01916 |
| Slip Opinion No: 2013 NY Slip Op 95323(U) |
| Decided on December 30, 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
M167006
E/sl
PETER B. SKELOS, J.P.
PLUMMER E. LOTT
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
|
2013-01916, 2013-05548 BAC Home Loan Servicing, LP, etc., respondent, v Mitch N. Paulsen, appellant, et al., defendant. (Index No. 6109/10)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Nassau County, entered January 8, 2013, and April 11, 2013, respectively, on the grounds that (1) the appeals were improperly consolidated, (2) that the record and appellant's brief contain matter dehors the record or to direct the appellant to correct the record and appellant's brief, and for an award of costs. Cross motion by the appellant for leave to correct the record and the appellant's 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 cross motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the matter is remitted to the Supreme Court, Nassau County, to report on (1) whether that court considered the material attached as Exhibits B, C, and D, or the material attached as Exhibits E, F, and G to the respondent's motion papers, and (2) whether that court considered the material contained on pages 312 through 316 of the record, in determining the motion and cross motion that resulted in the order entered January 8, 2013; the Supreme Court, Nassau County, shall file its report with all convenient speed; 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 appellant's brief contain matter dehors the record or to direct the appellant to correct the record and appellant's brief and the appellant's cross motion for leave to correct the record and the appellant's brief are held in abeyance in the interim; and it is further,
ORDERED that the motion is otherwise denied.
SKELOS, J.P., LOTT, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court