PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

DOCKET NO. CA 14-01560
DOCKET NO. CA 15-00733

KONDAUR CAPITAL CORPORATION, AS SEPARATE TRUSTEE OF MATAWIN VENTURES TRUST SERIES 2012-3, PLAINTIFF-RESPONDENT, V DIANNE L. LUNN, DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (APPEAL NO. 1.) KONDAUR CAPITAL CORPORATION, AS SEPARATE TRUSTEE OF MATAWIN VENTURES TRUST SERIES 2012-3, PLAINTIFF-RESPONDENT, V DIANNE L. LUNN, DEFENDANT-APPELLANT, ET AL., DEFENDANTS. (APPEAL NO. 2.)

Appellant having moved to vacate the dismissal of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe on July 10, 2014 (appeal No. 1), and having moved to supplement the settled record, to strike documents form the record, and for this Court to take judicial notice in the appeal taken from an order of the Supreme Court entered in the Office of the Clerk of the County of Monroe entered on March 11, 2015 (appeal No. 2),

Now, upon reading and filing the affidavits of Dianne L. Lunn sworn to November 16, 2015, the notice of motion with proof of service thereof, and the affirmations of Oran Schwager, Esq., dated December 9, 2015, and December 10, 2015, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks to vacate dismissal of appeal No. 1 is granted, on the condition that appellant perfects the appeal on or before March 14, 2016, and

It is further ORDERED that the motion insofar as it seeks to supplement the record, strike items from the record, and for judicial notice is denied.

Memorandum: Appellant's remedy is to make a motion to Supreme Court to address the contents of the settle record on appeal (see 22 NYCRR 1000.4 [a] [1] [ii]).

Entered: January 14, 2016

Frances E. Cafarell, Clerk