| Onewest Bank, FSB v Weaver |
| Motion No: 2016-06564 |
| Slip Opinion No: 2017 NY Slip Op 94068(U) |
| Decided on December 1, 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
M242372
E/ct
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SANDRA L. SGROI
BETSY BARROS, JJ.
|
2016-06564 Onewest Bank, FSB, respondent, v Everette Weaver, appellant, et al., defendants. (Index No. 83/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent, inter alia, to dismiss an appeal from an order of the Supreme Court, Dutchess County, dated April 27, 2016, on the grounds that the appellant failed to settle the transcript and the record is inadequate, or, in the alternative, 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 dismiss the appeal is denied on condition that on or before January 30, 2018, the appellant settle the transcript of the proceedings which occurred on March 1, 2016, and serve and file a supplemental record containing the corrected transcript pages or an errata sheet, or advise this Court, in writing, that no corrections to the transcript contained in the record are necessary, and serve and file a supplemental record containing the notice of motion dated September 16, 2015, and accompanying papers and exhibits filed in support of the respondent's motion for summary judgment, the appellant's opposition dated October 8, 2015, and annexed exhibits, and the respondent's Exhibits 2, 3, 4, and 5 submitted at trial; 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 March 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