Appellate Division: Second Judicial Department

M235727

E/afa

JOHN M. LEVENTHAL, J.P.

LEONARD B. AUSTIN

JEFFREY A. COHEN

COLLEEN D. DUFFY, JJ.

2016-07603 Wells Fargo Bank, N.A., respondent, v Chaya Grosz, et al., appellants, et al., defendant. (Index No. 30/14)

DECISION & ORDER ON MOTION

Motion by the respondent on an appeal from an order of the Supreme Court, Nassau County, dated May 13, 2016, inter alia, to strike the record on the grounds that it is inadequate and contains matter dehors the record, and to enlarge the time to serve and file a brief.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the branch of the motion which is to strike the record is granted, and on or before September 8, 2017, the appellants shall serve and file a replacement record that contains all of the papers filed by the parties in connection with the motion that was determined by the order dated May 13, 2016, in the form that those papers were filed in the Supreme Court, Nassau County, and does not contain matter dehors the 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 October 10, 2017, and 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.

LEVENTHAL, J.P., AUSTIN, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court