Appellate Division: Second Judicial Department

M206769

E/sl

RUTH C. BALKIN, J.P.

CHERYL E. CHAMBERS

L. PRISCILLA HALL

ROBERT J. MILLER, JJ.

2015-03393 HSBC Mortgage Corporation, respondent, v Judy G. Dickerson, appellant. (Index No. 39432/08)

DECISION & ORDER ON MOTION

Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Suffolk County, dated October 30, 2014, on the ground, among other things, that the record contains matter dehors the record, or, in the alternative, to strike the record and, in effect, to strike the appellant's brief, to strike a purported appendix, and to enlarge the time to serve and file a brief. By decision and order on motion of this Court dated January 11, 2016, the matter was remitted to the Supreme Court, Suffolk County, to report on whether that court considered the documents on certain pages of the record on appeal in determining the motion that resulted in the order dated October 30, 2014, and the motion was held in abeyance in the interim.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the report of the Supreme Court, Suffolk County, dated February 5, 2016, it is

ORDERED that the branch of the motion which is to strike the record and, in effect, to strike the appellant's brief is granted; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal is denied on condition that on or before April 26, 2016, the appellant (1) serves and files a replacement record or appellant's appendix that (a) contains the motion papers that were considered by the court in connection with the motion that was determined by the order dated October 30, 2014, (b) does not contain the material found on pages 15, 69 through 73, 75, 93, 95, 97, 99 through 102, and 104 through 138 of the stricken record on appeal, and (c) complies with the rules of the Court (see 22 NYCRR 670.10.2), and (2) serves and files a replacement brief that contains references to the replacement record or appellant's appendix; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until May 26, 2016, and the respondent's brief must be served and filed on or before that date; and it is further,

ORDERED that the branch of the motion which is to strike a purported appendix is denied as unnecessary as no appendix was filed; and it is further,

ORDERED that the motion is otherwise denied.

BALKIN, J.P., CHAMBERS, HALL and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court