Castle Peak 2012-1 Loan Trust Mortgage Backed Notes, S
Motion No: 2015-07197
Slip Opinion No: 2016 NY Slip Op 66817(U)
Decided on March 11, 2016
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M207895

E/ct

REINALDO E. RIVERA, J.P.

L. PRISCILLA HALL

SHERI S. ROMAN

SANDRA L. SGROI, JJ.

2015-07197, 2015-07198

Castle Peak 2012-1 Loan Trust Mortgage

Backed Notes, Series 2012-1, respondent,

v Marianne Sottile, appellant, et al., defendants

(Index No. 9857/10)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from a judgment of the Supreme Court, Orange County, dated June 11, 2015, and an order of the same court dated June 11, 2015, inter alia, for leave to reargue the respondent's prior cross motion, inter alia, in effect, to direct the appellant to correct the appellant's appendix and for leave to serve and file a supplemental appendix containing certain material, which was determined by decision and order on motion of this Court dated December 18, 2015, or, in the alternative, to extend the time to comply with the decision and order on motion dated December 18, 2015.

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 extend the time to comply with the decision and order on motion dated December 18, 2015, is granted, and on or before April 11, 2016, the appellant shall remove from the copies of the appendix filed with the Clerk of this Court all pages that contain handwritten notations and replace those pages with copies that do not contain handwritten notations, as well as serve and file a supplemental appellant's appendix containing the affirmation of the respondent's attorney filed in support of the motion that resulted in the order dated June 11, 2015, as well as any relevant exhibits; and it is further,

ORDERED that the motion is otherwise denied; and it is further,

ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is enlarged until May 11, 2016, and the respondent's brief must be served and filed on or before that date.

RIVERA, J.P., HALL, ROMAN and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court