| Mortgage Electronic Registration Systems, Inc. v Hamilton |
| Motion No: 2013-03066 |
| Slip Opinion No: 2014 NY Slip Op 92702(U) |
| Decided on December 12, 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
M184235
E/sl
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
L. PRISCILLA HALL
HECTOR D. LASALLE, 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 recall and vacate a decision and order on motion of this Court dated October 27, 2014, which dismissed an appeal from a judgment of the Supreme Court, Kings County, dated May 8, 2008, to extend her time to serve and file a replacement record and a replacement brief in accordance with a decision and order of this Court dated July 11, 2014, and to stay all proceedings in the above-entitled action, pending hearing and determination of the appeal.
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 recall and vacate the decision and order on motion of this Court dated October 27, 2014, is granted, the decision and order on motion of this Court dated October 27, 2014, is recalled and vacated, and the appeal is reinstated; and it is further,
ORDERED that the branch of the motion which is to extend the appellant's time to serve and file a replacement record and a replacement brief in accordance with a decision and order of this Court dated July 11, 2014, is granted, and on or before December 29, 2014, the appellant shall (1) serve and file a replacement record which includes 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 does not include the material contained on pages 189 through 238 of the original record, and (2) serve and file a replacement brief which includes a statement of facts with supporting references to pages in the replacement record (see 22 NYCRR 670.10.3[g][2][iv]), and correctly cites to pages in the replacement record; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until January 29, 2015, and the respondent's brief must be served and filed on or before that date.
BALKIN, J.P., CHAMBERS, HALL and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court