Chase Manhattan Bank v Prem Nath
Motion No: 2016-12257
Slip Opinion No: 2017 NY Slip Op 86382(U)
Decided on September 19, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M237827

E/ct

CHERYL E. CHAMBERS, J.P.

ROBERT J. MILLER

SYLVIA O. HINDS-RADIX

COLLEEN D. DUFFY, JJ.

2016-12257

Chase Manhattan Bank, respondent,

v Prem Nath, appellant.

(Index No. 3532/01)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Rockland County, dated October 21, 2016, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Application by the respondent to strike the record on the ground that it contains matter dehors the record, and separate application by the respondent pursuant to 22 NYCRR 670.8(d)(2) 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, and upon the papers filed in support of the applications and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted; and it is further,

ORDERED that the application to strike the record on the ground that it contains matter dehors the record is dismissed without prejudice to making a motion for the relief requested; and it is further,

ORDERED that the application 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 November 20, 2017, and the respondent's brief shall be served and filed on or before that date.

CHAMBERS, J.P., MILLER, HINDS-RADIX and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court