| Nationstar Mortgage, LLC v Biondi |
| Motion No: 2018-09835 |
| Slip Opinion No: 2019 NY Slip Op 64463(U) |
| Decided on March 1, 2019 |
| 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
M260574
E/sl
WILLIAM F. MASTRO, J.P.
CHERYL E. CHAMBERS
ROBERT J. MILLER
LINDA CHRISTOPHER, JJ.
|
2018-09835, 2018-11456 Nationstar Mortgage, LLC, respondent, v Nancy Biondi, et al., defendants, Armand Biondi, etc., appellant. (Index No. 63787/14)
| DECISION & ORDER ON MOTION |
Motion by the respondent to dismiss appeals from an order of the Supreme Court, Kings County, dated July 3, 2018, and a judgment of the same court entered July 27, 2018, on the grounds that the record is inadequate, that consideration of issues raised on these appeals is precluded by the dismissal of a prior appeal under Appellate Division Docket No. 2017-09659 for failure to timely perfect, and that the appellant is not aggrieved or, in the alternative, to enlarge the record to include a certain document, to substitute U.S. Bank Trust, N.A., as the respondent on the appeal, and to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeals on the ground that consideration of issues raised on the appeals from the order dated July 3, 2018, and the judgment entered July 27, 2018, is precluded by the dismissal of the prior appeal under Appellate Division Docket No. 2017-09659 is held in abeyance and referred to the panel of Justices hearing the appeals from the order dated July 3, 2018, and the judgment entered July 27, 2018, for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to extend the respondent's time to serve and file a brief is granted, the respondent's time to serve and file a brief is extended until March 15, 2019, and the respondent's brief shall be served and filed on or before that date; and it is further,
ORDERED that no further extension of time shall be granted; and it is further,
ORDERED that the motion is otherwise denied.
MASTRO, J.P., CHAMBERS, MILLER and CHRISTOPHER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court