Onewest Bank, N.A. v Schifano
Motion No: 2017-07972
Slip Opinion No: 2018 NY Slip Op 65752(U)
Decided on March 2, 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 DepartmentM246707

E/afa

MARK C. DILLON, J.P.

JOHN M. LEVENTHAL

ROBERT J. MILLER

JOSEPH J. MALTESE, JJ.

2017-07972

Onewest Bank, N.A., respondent,

v Donna Schifano, appellant, et al.,

defendants.

(Index No. 57144/15)

DECISION & ORDER ON MOTION

Motion by the appellant, in effect, for leave to serve and file a supplemental record containing a power of attorney issued by the FDIC and notarized June 13, 2013, on an appeal from an order of the Supreme Court, Westchester County, dated April 7, 2017.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the matter is remitted to the Supreme Court, Westchester County, to report on whether that court considered the power of attorney issued by the FDIC and notarized June 13, 2013, in connection with the motion and the cross motion that were determined by the order dated April 7, 2017; the Supreme Court, Westchester County, shall file its report to this Court with all convenient speed; and it is further,

ORDERED that the motion is held in abeyance in the interim.

DILLON, J.P., LEVENTHAL, MILLER and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court