Bank of America, N.A. v Afflick
Motion No: 2015-01218
Slip Opinion No: 2016 NY Slip Op 71312(U)
Decided on April 22, 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

M210300

E/sl

RANDALL T. ENG, P.J.

MARK C. DILLON

LEONARD B. AUSTIN

JEFFREY A. COHEN, JJ.

2015-01218

Bank of America, N.A., respondent,

v Willard Afflick, appellant, et al.,

defendants.

(Index No. 20976/13)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Queens County, entered October 29, 2014, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Separate motion by the respondent to dismiss the appeal on the ground that the record and the appellant's brief were not timely served, or, in the alternative, to direct the appellant to correct the record and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the respondent's motion which is to direct the appellant to correct the record is granted, the record is stricken, and on or before May 23, 2016, the appellant shall serve and file a replacement record that only contains the notice of appeal, the order entered October 29, 2014, and the papers considered by the Supreme Court, Queens County, in connection with the motion that was determined by the order entered October 29, 2014, and that complies with CPLR 5526 and the rules of this Court; and it is further,

ORDERED that the branch of the respondent's motion which is to enlarge the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until June 23, 2016, and the respondent's brief must be served and filed on or before that date; and it is further,

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

ORDERED that appellant's motion is denied with leave to renew by a motion made simultaneously with the filing of the replacement record.

ENG, P.J., DILLON, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court