Onewest Bank, N.A. v Schifano
Motion No: 2017-07972
Slip Opinion No: 2018 NY Slip Op 80376(U)
Decided on August 13, 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

M253836

E/sl

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 to enlarge the record on an appeal from an order of the Supreme Court, Westchester County, dated April 7, 2017, to contain a certain power of attorney issued by the FDIC. By decision and order on motion of this Court dated March 2, 2018, the matter was remitted to the Supreme Court, Westchester County, to report on whether that court considered the power of attorney in connection with the motion and the cross motion that were determined by the order dated April 7, 2017, and the motion was held in abeyance in the interim

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 motion is denied as unnecessary as the subject power of attorney issued by the FDIC is properly part of the record.

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

ENTER:

Aprilanne Agostino

Clerk of the Court