| Signature Bank v Faibish |
| Motion No: 2014-06012 |
| Slip Opinion No: 2015 NY Slip Op 73248(U) |
| Decided on May 15, 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
M192040
E/sl
RUTH C. BALKIN, J.P.
L. PRISCILLA HALL
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX, JJ.
|
2014-06012, 2014-06016 Signature Bank, appellant, v Mair Faibish, et al., respondents, et al., defendants. (Index No. 3580/13)
| DECISION & ORDER ON MOTION |
Motion by the respondents Marguerite Barbella, Ernest Barbella, Thomas Barbella, Stephen Barbella, Amton, Inc., Bektrom Foods, Inc., TCB Consulting, Inc., and MB Monroe Holdings, Inc., to dismiss appeals from two orders of the Supreme Court, Nassau County, dated January 6, 2014, and May 15, 2014, respectively, on the ground that the record is inadequate, or in the alternative, to direct the appellant to serve and file a supplemental record. Cross motion by the appellant to strike the brief filed by the respondents Marguerite Barbella, Ernest Barbella, Thomas Barbella, Stephen Barbella, Amton, Inc., Bektrom Foods, Inc., TCB Consulting, Inc., and MB Monroe Holdings, Inc., on the ground that it refers to matter dehors the record, or in the alternative, to enlarge the record to include certain documents.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record is granted to the extent that on or before June 15, 2015, the appellant shall serve and file a supplemental record containing the papers served and filed by the respondents Marguerite Barbella, Ernest Barbella, Thomas Barbella, Stephen Barbella, Amton, Inc., Bektrom Foods, Inc., TCB Consulting, Inc., and MB Monroe Holdings, Inc., in opposition to its motion to reargue; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the branch of the cross motion which is to strike the brief filed by the respondents Marguerite Barbella, Ernest Barbella, Thomas Barbella, Stephen Barbella, Amton, Inc., Bektrom Foods, Inc., TCB Consulting, Inc., and MB Monroe Holdings, Inc., on the ground that it refers to matter dehors the record is granted, and on or before July 15, 2015, those respondents shall serve and file a replacement brief that does not refer to matter dehors the record; and it is further,
ORDERED that the cross motion is otherwise denied.
BALKIN, J.P., HALL, AUSTIN and HINDS-RADIX, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court