| U.S. Bank Trust, N.A. v Carter |
| Motion No: 2016-02565 |
| Slip Opinion No: 2017 NY Slip Op 62471(U) |
| Decided on January 31, 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
M225443
E/ct
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
JOSEPH J. MALTESE, JJ.
|
2016-02565, 2016-08766 U.S. Bank Trust, N.A., etc., respondent, v Brian Carter, also known as Brian M. Carter, appellant, et al., defendants. (Index No. 58033/13)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to enlarge the record on appeals from two orders of the Supreme Court, Westchester County, dated March 2, 2016, and August 5, 2016, respectively, to include a certain document and to enlarge the time to serve and file a brief. Cross motion by the appellant, inter alia, to impose a sanction upon the respondent and/or its counsel, and for an award of costs and an attorney's fee.
Upon the papers filed in support of the motion and the cross motion, and the papers filed in opposition thereto, it is
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 March 3, 2017, and the respondent's brief must be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied; and it is further,
ORDERED that the cross motion is denied.
DILLON, J.P., AUSTIN, HINDS-RADIX and MALTESE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court