Appellate Division: Second Judicial Department

M242374

E/ct

MARK C. DILLON, J.P.

LEONARD B. AUSTIN

SANDRA L. SGROI

BETSY BARROS, JJ.

2016-02538 Onewest Bank, FSB, respondent, v Everette Weaver, appellant, et al., defendants. (Index No. 83/14)

DECISION & ORDER ON MOTION

Motion by the respondent to strike the record on an appeal from an order of the Supreme Court, Dutchess County, dated December 7, 2015, inter alia, on the ground that it is inadequate and direct the appellant to serve and file a replacement record, and to enlarge the time to serve and file a brief. Cross motion by the appellant, inter alia, to impose a sanction upon the respondent and its counsel.

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 branch of the motion which is to strike the record and direct the appellant to serve and file a replacement record is granted to the extent that on or before January 2, 2018, the appellant shall serve and file a supplemental record containing Exhibits G and I to the affirmation of Lawrence Thomas dated October 13, 2015; and it is further,

ORDERED that the branch of the motion which is to enlarge the time to serve and file a brief is granted, the respondent's time to serve and file a brief is enlarged until February 1, 2018, 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; and it is further,

ORDERED that the cross motion is denied.

DILLON, J.P., AUSTIN, SGROI and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court