| Bank of America, N.A. v Afflick |
| Motion No: 2015-01218 |
| Slip Opinion No: 2017 NY Slip Op 62066(U) |
| Decided on January 26, 2017 |
| 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. |
Appellate Division: Second Judicial Department
M225252
E/sl
RANDALL T. ENG, P.J.
MARK C. DILLON
JOHN M. LEVENTHAL
CHERYL E. CHAMBERS, 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 respondent, inter alia, to strike the replacement record and the replacement appellant's brief and to dismiss an appeal from an order of the Supreme Court, Queens County, entered October 29, 2014, for failure to comply with two decisions and orders on motion of this Court dated April 22, 2016, and August 1, 2016, respectively, or, in the alternative, to enlarge its time to serve and file a brief.
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 strike the replacement record and the replacement 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 March 13, 2017, the appellant serves and files a second replacement record that (1) contains (a) the order to show cause dated October 2, 2014, and the appellant's affidavit in support dated October 1, 2014, with attached exhibits, (b) the affirmation of Shawn Spielberg dated October 15, 2014, with attached exhibits, (c) the affidavit of Kyra Schwartz dated October 14, 2014, with attached exhibits, and (d) the appellant's reply with attached exhibits, (2) omits the material on pages 68 through 87, 89 through 90, 148, 149, 155 through 157, 160 through 167, 171 through 175, and 194 through 206 of the replacement record, and (3) complies with the CPLR and the rules of the Court, and serves and files a second replacement brief that contains appropriate references to the second replacement record; 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 April 17, 2017, the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
ENG, P.J., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court