Appellate Division: Second Judicial Department

M217861

E/afa

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2015-08198, 2015-08200, 2016-07445 HSBC Bank USA, National Association, etc., plaintiff-respondent, v Keith Simms, et al., defendants, Michelle Simms Parris, appellant, Emigrant Mortgage Company, Inc., defendant- respondent. (Index No. 33094/09)

DECISION & ORDER ON MOTION

Motion by the appellant on appeals from two orders of the Supreme Court, Kings County, dated October 22, 2013, and April 1, 2015, respectively, for leave to reargue those branches of the plaintiff-respondent's motion which were to strike certain pages of the record filed in connection with those appeals and to direct her to serve and file a supplemental record, which were determined by decision and order on motion of this Court dated May 27, 2016, in effect, to recall and vacate so much of the decision and order on motion of this Court dated May 27, 2016, as struck her brief, and to enlarge the time to comply with the decision and order on motion of this Court dated May 27, 2016. Separate motion by the plaintiff-respondent to dismiss the appeals from the orders dated October 22, 2013 and April 1, 2015, for failure to comply with the decision and order on motion of this Court dated May 27, 2016. Separate motion by the appellant to strike the papers filed by the plaintiff-respondent in connection with the foregoing motions and to consolidate the appeals from the orders dated October 22, 2013, and April 1, 2015, with an appeal from an order of the same court dated April 7, 2016.

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

ORDERED that the branches of the appellant's motion which are for leave to reargue and, in effect, to recall and vacate so much of the decision and order on motion of this Court dated May 27, 2016, as struck the appellant's brief are denied; and it is further,

ORDERED that the branch of the appellant's motion which is to enlarge the time to comply with the decision and order on motion of this Court dated May 27, 2016, is granted, and on or before October 11, 2016, the appellant shall (1) remove pages 1083 through 1167 from the copies of the record filed with the Clerk of the Court and correct the table of contents in those copies of the record, or serve and file a replacement record that does not contain the material on those pages, (2) serve and file a replacement brief that does not refer to the material on those pages, and (3) serve and file a supplemental record containing the papers filed by the plaintiff-respondent in connection with the cross motion that was determined by the order dated October 22, 2013, or include those papers in the replacement record, in the event that the appellant files a replacement record; and it is further,

ORDERED that on the Court's own motion, the plaintiff-respondent's time to serve and file a brief is enlarged until July 27, 2016, and the plaintiff-respondent's brief must be served and filed on or before that date; and it is further,

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

ORDERED that the appellant's motion to strike the papers filed by the plaintiff-respondent in connection with the foregoing motions and to consolidate the appeals from the orders dated October 22, 2013, and April 1, 2015, with an appeal from an order of the same court dated April 7, 2016 is denied; and it is further,

ORDERED that on the Court's own motion, the appeals from the orders dated October 22, 2013, and April 1, 2015, will be calendared together with the appeal from the order dated April 7, 2016, and will be argued or submitted on the same date.

DILLON, J.P., CHAMBERS, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court