| Chambers v Mortgage Enterprise, Ltd |
| Motion No: 2017-05291 |
| Slip Opinion No: 2018 NY Slip Op 72927(U) |
| Decided on May 18, 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
M250259
E/rr
JOHN M. LEVENTHAL, J.P.
ROBERT J. MILLER
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.
|
2017-05291, 2017-06245 Graeme A. Chambers , respondent, v Mortgage Enterprise, Ltd., et al., appellants. (Index No. 600435/14)
| DECISION & ORDER ON MOTION |
Motion by the appellants on appeals from an order of the Supreme Court, Nassau County, entered April 19, 2017, and a judgment of the same court entered May 23, 2017, to extend the time to comply with a decision and order on motion of this Court dated March 27, 2018, and for leave to serve and file a replacement record, and, in effect, to waive compliance with 22 NYCRR 670.10.1(c). Application by the respondent pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to serve and file a brief.
Upon the papers filed in support of the motion and the application, and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion is granted to the extent that on or before June 18, 2018, the appellant shall serve and file a replacement record, which replaces the supplemental record and the record filed November 8, 2017, contains the corrections specified in the decision and order on motion of this Court dated March 27, 2018, and complies with the volume thickness requirements set forth in 22 NYCRR 670.10.1(c), and the motion is otherwise denied; and it is further,
ORDERED that on the Court's own motion, the appellant's brief is stricken and the appellant shall serve and file a replacement brief which contains page references to the replacement record on or before June 18, 2018; and it is further,
ORDERED that no extension of time to serve and file the replacement record and the replacement brief shall be granted; and it is further,
ORDERED that the application is granted, the respondent's time to serve and file a brief is enlarged until July 18, 2018, and the respondent's brief shall be served and filed on or before that date.
LEVENTHAL, J.P., MILLER, DUFFY and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court