| Nationstar Mortgage, LLC v Gardener |
| Motion No: 2016-02554 |
| Slip Opinion No: 2017 NY Slip Op 91860(U) |
| Decided on November 9, 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
M240552
E/ct
MARK C. DILLON, J.P.
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
|
2016-02554, 2016-02555 2016-11683, 2016-11686 Nationstar Mortgage, LLC, respondent, v Keturah Gardener, appellant, et al., defendants. (Index No. 68422/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from three orders of the Supreme Court, Westchester County, dated January 11, 2016, January 19, 2016, and September 16, 2016, respectively, and a judgment of the same court dated September 16, 2016, on the ground that the appellant's appendix is inadequate or, in the alternative, 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 to dismiss the appeals is denied on condition that on or before November 27, 2017, the appellant serve and file a supplemental appendix containing the complaint dated September 13, 2014, with the exhibits which were attached to that complaint; 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 December 26, 2017, and the respondent's brief shall be served and filed on or before that date.
DILLON, J.P., LEVENTHAL, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court