U.S. Bank N.A. etc. v Diana Martinez et al.

Motion No: M-6760

Slip Opinion No: 2018 NYSlipOp 64606(U)

Decided on February 20, 2018

Appellate Division, First 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.

February 20, 2018

U.S. Bank N.A. etc.,

Plaintiff-Appellant,

v

Diana Martinez, et al.,

Defendants-Respondents,

-and-

Rafael Badalov and Isaak Badalov,

Intervenors-Respondents.

Appeals having been taken from orders of the Supreme Court, Bronx County, entered on or about September 8, 2016 and July 13, 2017, and said appeals having been perfected, And intervenors-respondents having moved (1) to strike plaintiff's record on appeal or in the alternative, to enlarge the record on appeal to include certain evidence, (2) to enlarge the record on appeal to include certain documents from an earlier motion and (3) for an enlargement of time to file a respondent's brief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of ordering (1) that so much of intervenors-respondents' motion which seeks to strike the record for including an unsettled transcript is granted, with leave to resubmit a record which includes said transcript, unless, within 10 days of this order,

a stipulation is filed with this Court agreeing that the transcript in the current record is correct; (2) that so much of the motion which seeks to enlarge the record on appeal be granted to the extent of granting intervenors-respondents leave to file a supplemental record which will include Exhibits A, D and E, at their own expense; and (3) that the appeal is adjourned to the June 2018 Term, and otherwise denied. ENTERED: February 20, 2018

_____________________ CLERK

Present - Hon. Richard T. Andrias, Justice Presiding,Ellen Gesmer Cynthia S. Kern Anil C. Singh Peter H. Moulton, Justices

M-6760

Index No. 381315/13