| Wells Fargo Bank v Armstead |
| Motion No: 2017-03318 |
| Slip Opinion No: 2017 NY Slip Op 95419(U) |
| Decided on December 13, 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
M243028
E/ct
REINALDO E. RIVERA, J.P.
LEONARD B. AUSTIN
FRANCESCA E. CONNOLLY
ANGELA G. IANNACCI, JJ.
|
2017-03318 Wells Fargo Bank, respondent, v Eric Armstead, appellant, et al., defendants. (Index No. 130371/12)
| DECISION & ORDER ON MOTION |
Motion by the appellant pro se on an appeal from an order of the Supreme Court, Richmond County, dated December 16, 2016, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Cross motion by the respondent to dismiss the appeal as untimely taken and on the ground that the record on appeal is inadequate. 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 cross motion, and the papers filed in opposition thereto, and upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the branch of the cross motion which is to dismiss the appeal as untimely taken is denied; and it is further,
ORDERED that the branch of the cross motion which is to dismiss the appeal on the ground that the record on appeal is inadequate is denied on condition that on or before January 12, 2018, the appellant serve and file a supplemental record on appeal which contains all of the motion papers, with annexed exhibits, that resulted in the order dated December 16, 2016, and that are not contained in the record previously filed; and it is further,
ORDERED that the motion is denied with leave to renew by a motion to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal as well as the supplemental record on appeal made simultaneously with the filing of the supplemental record on appeal; and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until February 13, 2018, and the respondent's brief shall be served and filed on or before that date.
RIVERA, J.P., AUSTIN, CONNOLLY and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court