| BAC Home Loan Servicing, LP v Paulsen |
| Motion No: 2013-01916 |
| Slip Opinion No: 2014 NY Slip Op 70051(U) |
| Decided on April 23, 2014 |
| 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
M172647
E/ct
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., resp v Mitch N. Paulsen, appellant, et al., defen (Index No. 6109/10)
| DECISION & ORDER ON MOTION ondent, dant. |
Motion by the appellant on appeals from two orders of the Supreme Court, Nassau County, entered January 8, 2013, and April 11, 2013, respectively, to compel the Justice assigned to the above-entitled action in the Supreme Court, Nassau County, to transmit copies of certain cross motion papers to the Nassau County Clerk for inclusion in the original papers. Separate motion by the appellant to extend the time to comply with a decision and order on motion of this Court dated March 4, 2014.
Upon the papers filed in support of the motion to compel the Justice assigned to the above-entitled action in the Supreme Court, Nassau County, to transmit copies of certain cross motion papers to the Nassau County Clerk and the papers filed in opposition thereto, and upon the papers filed in support of the motion to extend the time to comply with the decision and order on motion of this Court dated March 4, 2014, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion to compel the Justice assigned to the above-entitled action in the Supreme Court, Nassau County, to transmit copies of certain cross motion papers to the Nassau County Clerk is denied, without prejudice to seeking appropriate relief in the Supreme Court, Nassau County; and it is further,
ORDERED that the motion to extend the time to comply with the decision and order on motion of this Court dated March 4, 2014, is granted, and on or before May 23, 2014, the appellant shall (1) remove from the record on file with the Clerk of this Court, the material listed in paragraphs b and c of the report of the Supreme Court, Nassau County, and shall insert in the record the material listed in paragraph a of the report, or shall serve and file a replacement record, and (2) serve and file a replacement brief which does not refer to matter dehors the record.
SKELOS, J.P., LOTT, COHEN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court