| 1414 Utica Avenue Lender, LLC v Cort & Medas Associates, LLC |
| Motion No: 2016-10233 |
| Slip Opinion No: 2017 NY Slip Op 86191(U) |
| Decided on September 18, 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
M237781
E/sl
MARK C. DILLON, J.P.
BETSY BARROS
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
|
2016-10233 1414 Utica Avenue Lender LLC, respondent, v Cort & Medas Associates, LLC, et al., appellants, et al., defendants. (Index No. 509326/15)
| DECISION & ORDER ON MOTION |
Motion by the appellants to strike the brief filed by 1414 Utica Avenue Lender LLC, on an appeal from an order of the Supreme Court, Kings County, dated August 14, 2016, or, in the alternative, to enlarge the time to serve and file a reply brief. Cross motion by 1414 Utica Avenue Lender LLC, to amend the caption to be substituted for Valley National Bank, as attorney-in-fact for VNB New York, LLC, as the respondent on the appeal.
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 cross motion is granted, 1414 Utica Avenue Lender LLC, is substituted for Valley National Bank, as attorney-in-fact for VNB New York, LLC, as the respondent on the appeal, the caption is amended accordingly, and on or before October 2, 2017, the respondent shall correct the covers of the record and briefs filed in the office of the Clerk of the Court to reflect the proper caption; and it is further,
ORDERED that on or before October 2, 2017, the respondents shall notify this Court that they wish to adopt the brief filed by former counsel or make a motion to file a replacement brief, and it is further,
ORDERED that if the respondent fails to comply with the proceeding paragraph, it shall be deemed to have adopted the brief filed by former counsel; and it is further,
ORDERED that the branch of the motion which is to enlarge the appellants' time to serve and file a reply brief is granted, the appellants' time to serve and file a reply brief is enlarged until November 1, 2017, and the reply brief shall be served and filed on or before that date; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., BARROS, CONNOLLY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court