| Wells Fargo Bank, NA v Sasson |
| Motion No: 2016-05937 |
| Slip Opinion No: 2017 NY Slip Op 85201(U) |
| Decided on September 7, 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
M237280
E/afa
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
|
2016-05937, 2016-05944 Wells Fargo Bank, NA, etc., respondent, v Jaclyn Sasson, et al., appellants, et al., defendants. (Index No. 6413/11)
| DECISION & ORDER ON MOTION |
Motion by the respondent on appeals from two orders of the Supreme Court, Nassau County, entered December 10, 2015, and December 11, 2015, respectively, for leave to serve and file a supplemental record containing an affidavit of Christopher L. Alvarez dated July 17, 2015, Exhibit A and the RPAPL 1306 proof of filing which was contained in Exhibit D to the affidavit of Andre Dickson dated July 9, 2015, Exhibit E to the affirmation of Shan P. Massand dated July 15, 2015, and the exhibits to the affirmation of Mark Golab dated September 15, 2015, to enlarge the record to include an affirmation of Michael Oziel dated February 10, 2017, to estop the appellants from contesting the respondent's compliance with RPAPL § 1304, and to enlarge the 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 for leave to serve and file a supplemental record containing an affidavit of Christopher L. Alvarez dated July 17, 2015, Exhibit A and the RPAPL 1306 proof of filing which was contained in Exhibit D to the affidavit of Andre Dickson dated July 9, 2015, Exhibit E to the affirmation of Shan P. Massand dated July 15, 2015, and the exhibits to the affirmation of Mark Golab dated September 15, 2015, is granted, and on or before September 28, 2017, the respondent shall serve and file a supplemental record containing that material; and it is further,
ORDERED that the branch of the 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 September 28, 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.
ENG, P.J., MASTRO, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court