Settles v Onewest Bank, FSB
Motion No: 2017-03530
Slip Opinion No: 2018 NY Slip Op 60385(U)
Decided on January 5, 2018
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M244208

E/afa

RUTH C. BALKIN, J.P.

LEONARD B. AUSTIN

VALERIE BRATHWAITE NELSON

LINDA CHRISTOPHER, JJ.

2017-03530

Cynthia Settles, appellant, v Onewest

Bank, FSB, et al., respondents, et al.,

defendants.

(Index No. 1317/15)

DECISION & ORDER ON MOTION

Motion by the appellant pro se on an appeal from an order of the Supreme Court, Rockland County, entered February 2, 2017, to waive compliance with the requirements of 22 NYCRR 670.10.2(f) regarding certification of the record on appeal. Separate motion by the respondent to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to direct the appellant to serve and file a supplemental record and to enlarge the time to serve and file a brief, and for an award of costs and attorney fees.

Upon the papers filed in support of the appellant's motion and no papers having been filed in opposition or in relation thereto, and upon the papers filed in support of the respondent's motion and the papers filed in opposition thereto, it is

ORDERED that the branch of the respondent's motion which is to direct the appellant to serve and file a supplemental record is denied on condition that on or before February 5, 2018, the appellant shall serve and file a supplemental record which contains all papers filed in connection with the motions which were determined by the order entered February 2, 2017, that are not contained in the record; and it is further,

ORDERED that the branch of the respondent's 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 March 5, 2018, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the respondent's motion is otherwise denied; and it is further,

ORDERED that the appellant's motion to waive certification is denied with leave to renew by a motion made simultaneously with the filing of the supplemental record.

BALKIN, J.P., AUSTIN, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court