Mortgage Electronic Registration Systems, Inc. v Hamilton
Motion No: 2013-03066
Slip Opinion No: 2014 NY Slip Op 83453(U)
Decided on September 15, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M179771

J/sl

WILLIAM F. MASTRO, J.P.

SHERI S. ROMAN

JEFFREY A. COHEN

SYLVIA O. HINDS-RADIX, JJ.

2013-03066

Mortgage Electronic Registration Systems, Inc.,

respondent, v Helene Hamilton, appellant, et al.,

defendants.

(Index No. 9310/03)

DECISION & ORDER ON MOTION

Motion by the appellant to stay all proceeding in the above-entitled action pending hearing and determination of an appeal from a judgment of the Supreme Court, Kings County, dated May 8, 2008, and to enlarge the time to comply with a decision and order on motion of this Court dated July 11, 2014.

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 enlarge the time to comply with the decision and order on motion of this Court dated July 11, 2014, is granted, and on or before October 15, 2014, the appellant shall (1) serve and file a replacement record containing the supplemental summons, amended complaint, and papers filed in support of and in opposition to the underlying motion for a judgment of foreclosure and sale and omitting the material contained on pages 189 through 238 of the original record, and (2) serve and file a replacement brief containing a statement of fact with supporting references to pages in the replacement record (see 22 NYCRR 670.10.3[g][2][iv]), and correctly citing to pages in the replacement record; and it is further,

ORDERED that the motion is otherwise denied.

MASTRO, J.P., ROMAN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court