Appellate Division: Second Judicial Department

M197414

E/sl

WILLIAM F. MASTRO, J.P.

ROBERT J. MILLER

JOSEPH J. MALTESE

BETSY BARROS, JJ.

2014-09890 Tracy Lucia, appellant, v Geoffrey S. Goldman, et al., respondents. (Index No. 5994/07)

DECISION & ORDER ON MOTION

Motion by the respondent JP Morgan Chase Bank, N.A., inter alia, to strike stated portions of the record on an appeal from a judgment of the Supreme Court, Dutchess County, dated August 18, 2014, on the ground that certain documents included therein are not accurate reproductions of the documents submitted to the Supreme Court, in effect, for leave to serve and file a second supplemental record containing accurate reproductions of the subject documents as well as certain material omitted from the record and supplemental record, which was considered by the Supreme Court, and to direct the appellant to pay the cost of the second supplemental record and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and the papers filed in opposition and relation thereto, it is

ORDERED that the branch of the motion which is, in effect, to strike stated portions of the record is granted, pages 683 through 698 of the record are stricken, and on or before September 14, 2015, the appellant shall remove those pages as well as delete the table of contents references to the material on those pages from the copies of the record filed with the Clerk of this Court; and it is further,

ORDERED that the branch of the motion which is for leave to serve and file a second supplemental record containing certain material and to direct the appellant to pay the cost of the second supplemental record is granted to the extent that on or before September 14, 2015, the appellant shall replace pages SR 19 and SR 24 of the supplemental record filed by the appellant pursuant to the parties' stipulation with the Clerk of the Court on July 13, 2015, with replacement pages SR 19 and SR 24 containing complete and accurate copies of the documents reproduced on those pages, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to enlarge the time of the respondent JP Morgan Chase Bank, N.A., to serve and file a brief is granted, the time of the respondent JP Morgan Chase Bank, N.A., to serve and file a brief is enlarged until October 13, 2015, and the brief of the respondent JP Morgan Chase Bank, N.A., must be served and filed on or before that date.

MASTRO, J.P., MILLER, MALTESE and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court