Appellate Division: Second Judicial Department

M187378

T/ct

REINALDO E. RIVERA, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2013-04589, 2013-11320, 2014-00903 U.S. Bank National Association, appellant, v Jacqueline Green, respondent, et al., defendants. (Index No. 9220/09)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from three orders of the Supreme Court, Kings County, dated March 25, 2013, September 3, 2013, and November 26, 2013, respectively, for leave to withdraw the appeal from the order dated March 25, 2013.

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is granted, and the appeal from the order dated March 25, 2013 (Appellate Division Docket No. 2013-04589) is deemed withdrawn, with costs to the respondent; and it is further,

ORDERED that the record and brief submitted by the appellant, the brief submitted by the respondent, and the reply brief submitted by the appellant are stricken; and it is further,

ORDERED that on or before April 30, 2015, the appellant shall serve and file a replacement record that does not contain the papers relating to the appeal from the order dated March 25, 2013, and a replacement brief that does not refer to the appeal from the order dated March 25, 2013; and it is further,

ORDERED that the respondent shall serve and file a replacement brief that does not refer to the appeal from the order dated March 25, 2013, in accordance with the rules of this Court (see 22 NYCRR 670.8[b]); and it is further,

ORDERED that, if it be so advised, the appellant may serve and file a replacement reply brief that does not refer to the appeal from the order dated March 25, 2013, in accordance with the rules of this Court (see 22 NYCRR 670.8[b]).

RIVERA, J.P., MILLER, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court