Nationstar Mortgage LLC v Nicola McCallum

Motion No: M-789

Slip Opinion No: 2018 NYSlipOp 70355(U)

Decided on April 24, 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.

April 24, 2018

Nationstar Mortgage LLC,

Plaintiff-Appellant,

v

Nicola McCallum, Defendant-Respondent,

Clevon McCallum, Mortgage Electronic

Registration Systems, Inc. as Nominee

for Fremont Investment & Loan, New

York City Environmental Control Board,

New York City Parking Violations Bureau,

New York City Transit Adjudication

Bureau; John Doe (Said name being

fictitious, it being the intention of

Plaintiff to designate any and all

occupants of premises being foreclosed

herein, and any parties, corporations

or entities, if any, having or claiming

an interest or lien upon the mortgaged

premises.)

Defendants.

An appeal having been taken from an order of the Supreme Court, Bronx County, entered on or about February 14, 2017, And defendant-respondent Nicola McCallum having moved to dismiss the aforesaid appeal, or in the alternative, to direct plaintiff to remove certain citations in the brief and appendix, to file a new brief and appendix, to enlarge said appendix to include defendant's reply affirmation, and for other relief

(M-1107), And plaintiff-appellant having moved for a further enlargement of time to perfect the aforesaid appeal (M-789), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motion seeking dismissal of the appeal and alternative relief is denied as academic, said appendix and brief having been rejected for filing and withdrawn (M-1107). The motion for an enlargement of time to perfect the appeal is granted to the extent of enlarging the time to perfect said appeal to the October 2018 Term (M-789). Plaintiff-appellant is directed to perfect for said Term on an appendix including defendant's reply affirmation (Ex. F to the moving papers) and excluding the order of the Supreme Court, dated

July 26, 2017, and all papers and exhibits underlying that order (ie. Proposed appendix pp. A. 479-A854) and on a brief excluding any references to that material (including, but not limited to references at pps. 4 and 6 of the proposed Appellant's Brief.) ENTERED: April 24, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding,Rosalyn H. Richter Angela M. Mazzarelli Barbara R. Kapnick Ellen Gesmer, Justices

M-789

M-1107

Index No. 382890/09