Settles v Onewest Bank, FSB
Motion No: 2017-03530
Slip Opinion No: 2018 NY Slip Op 66553(U)
Decided on March 9, 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

M247169

E/afa

JOHN M. LEVENTHAL, J.P.

SYLVIA O. HINDS-RADIX

BETSY BARROS

FRANCESCA E. CONNOLLY, 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 and the supplemental record on appeal. Cross motion by the respondents for leave to serve and file a supplemental record, to direct the appellant to pay the costs of the supplemental record, and to enlarge the time to serve and file a brief.

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

ORDERED that the branches of the cross motion which are for leave to serve and file a supplemental record and to direct the appellant to pay the costs of the supplemental record are granted to the extent that on or before April 9, 2018, the appellant shall serve and file a second supplemental record which contains the affidavit of Cynthia Settles dated April 18, 2016, as well as Exhibits B, H and I annexed to the affidaivit, and those branches of the cross motion are otherwise denied; and it is further,

ORDERED that the branch of the cross motion which is to enlarge the respondents' time to serve and file a brief is granted, the respondents' time to serve and file a brief is enlarged until May 9, 2018, and the respondents' brief shall be served and filed on or before that date; and it is further,

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

LEVENTHAL, J.P., HINDS-RADIX, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court