| Wells Fargo Bank, National Association v Barasch |
| Motion No: 2017-05162 |
| Slip Opinion No: 2018 NY Slip Op 69325(U) |
| Decided on April 10, 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. |
Appellate Division: Second Judicial Department
M248525
E/afa
MARK C. DILLON, J.P.
SANDRA L. SGROI
ROBERT J. MILLER
VALERIE BRATHWAITE NELSON, JJ.
|
2017-05162, 2017-05683 Wells Fargo Bank, National Association, appellant, v Mark Barasch, et al., respondents, et al., defendants. (Index No. 61855/15)
| DECISION & ORDER ON MOTION |
Motion by the respondents to dismiss appeals from two orders of the Supreme Court, Westchester County, dated April 3, 2017, and April 10, 2017, respectively, on the ground that the record is inadequate and for failure to properly settle the transcript and to dismiss the appeal from the order dated April 10, 2017, on the further ground that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted, or, in the alternative, to enlarge the time to serve and file a brief. Separate motion by the appellant, in effect, for leave to serve and file a supplemental record.
Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is
ORDERED that the appellant's motion is granted to the extent that on or before May 25, 2018, the appellant shall serve and file a supplemental record containing a transcript of the proceedings which occurred on February 16, 2017, properly settled pursuant to CPLR 5525, and the motion is otherwise denied; and it is further,
ORDERED that the branch of the respondents' motion which is to dismiss the appeals on the ground that the record is inadequate and for failure to properly settle the transcript is denied on condition that the appellant complies with the foregoing paragraph; and it is further,
ORDERED that the branch of the respondents' motion which is to dismiss the appeal from the order dated April 10, 2017, on the ground that no appeal lies as of right from an order that is not the result of a motion made on notice and leave to appeal has not been granted is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the respondents' motion which is to enlarge the respondents' time to serve and file a brief is denied as unnecessary as the respondents' brief was timely served and filed.
DILLON, J.P., SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court