East Fordham DE LLC v U.S. Bank National Association etc. et al.

Motion No: M-5477

Slip Opinion No: 2018 NYSlipOp 89631(U)

Decided on November 29, 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.

November 29, 2018

East Fordham DE, LLC,

Plaintiff-Respondent,

v

U.S. Bank National Association, etc.,

et al.,

Defendants-Appellants,

Berkadia Commercial Mortgage LLC,

Defendant-Appellant,

Keybank National Association,

Defendant-Appellant.

Separate appeals having been taken to this Court from the order of the Supreme Court, Bronx County, entered on or about March 30, 2017, and said appeals having been perfected, And plaintiff-respondent having moved for an order striking and dismissing the appeals based on the inclusion in the joint record on appeal of matters dehors the record and pervasive references in the briefs to such matters or, in the alternative, for an enlargement of time to file a respondent's brief, and to impose costs and sanctions upon defendants-appellants, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted only to the extent of adjourning the appeals to the February 2019 Term. The motion is otherwise denied. ENTERED: November 29, 2018

_____________________ CLERK

Present - Hon. Rosalyn H. Richter, Justice Presiding, Sallie Manzanet-Daniels Peter Tom Troy K. Webber Ellen Gesmer, Justices

M-5477

Index No. 260551/14