| Nationstar Mortgage, LLC v Tamargo |
| Motion No: 2016-09074 |
| Slip Opinion No: 2017 NY Slip Op 93025(U) |
| Decided on November 20, 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
M240573
E/sl
RANDALL T. ENG, P.J.
JOHN M. LEVENTHAL
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.
|
2016-09074, 2016-09075 Nationstar Mortgage, LLC, respondent, v Jeanette Merola Tamargo, et al., appellants, et al., defendant. (Index No. 33729/09)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from two orders of the Supreme Court, Suffolk County, both dated December 29, 2014, on the ground that the appellants' 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 December 20, 2017, the appellants serve and file a replacement appendix that complies with the rules of this Court and the CPLR (see 22 NYCRR 670.10.1, 670.10.2; CPLR 5528, 5529), and a replacement brief that contains appropriate citations to the replacement appellants' appendix (22 NYCRR 670.10.3[g][2][iv]); 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 January 24, 2018, and the respondent's brief shall be served and filed on or before that date.
ENG, P.J., LEVENTHAL, MALTESE and DUFFY, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court