| Wells Fargo Bank, N.A. v Charlaff |
| Motion No: 2014-02183 |
| Slip Opinion No: 2015 NY Slip Op 61710(U) |
| Decided on January 21, 2015 |
| 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
M185943
E/sl
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
CHERYL E. CHAMBERS
COLLEEN D. DUFFY, JJ.
|
2014-02183 Wells Fargo Bank, N.A., etc., respondent, v David Charlaff, et al., appellants, et al., defendants (and a third-party action). (Index No. 23642/09)
| DECISION & ORDER ON MOTION |
Motion by the appellants for leave to correct the appellants' appendix on an appeal from an order of the Supreme Court, Nassau County, entered December 2, 2013, and to strike the respondent's brief on the ground that it refers to matter dehors the record.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is granted; and it is further,
ORDERED that on or before January 29, 2015, the appellants shall remove the second copy of "Exhibit L" from the copies of the appellants' appendix filed with the Clerk of the Court and either insert "Exhibit K" in its proper place in the copies of the appellants' appendix filed with the Clerk of the Court or serve and file a supplemental appellants' appendix containing "Exhibit L"; and it is further,
ORDERED that on or before March 2, 2015, the respondent shall serve and file a brief that does not refer to matter dehors the record.
DILLON, J.P., DICKERSON, CHAMBERS and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court