| Wells Fargo Bank, N.A. v Charlaff |
| Motion No: 2014-02183 |
| Slip Opinion No: 2015 NY Slip Op 76361(U) |
| Decided on June 16, 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
M194011
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 respondent on an appeal from an order of the Supreme Court, Nassau County, entered December 2, 2013, to clarify or amend stated portions of a decision and order on motion of this Court dated January 21, 2015, and, in effect, to strike the appellants' 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 branch of the motion which is to clarify or amend stated portions of a decision and order on motion of this Court dated January 21, 2015, is denied; and it is further
ORDERED that the branch of the motion which is, in effect, to strike the appellants' brief on the ground that it refers to matter dehors the record is granted, the briefs filed by the parties are stricken, on or before July 16, 2015, the appellants shall serve and file a replacement brief, and the respondent's replacement brief and the appellants' replacement reply brief, if any, shall be served and filed in accordance with the rules of the Court (see 22 NYCRR 670.8[b]).
DILLON, J.P., DICKERSON, CHAMBERS and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court