| BNY Mellon v Barone |
| Motion No: 2018-01184 |
| Slip Opinion No: 2019 NY Slip Op 64652(U) |
| Decided on March 6, 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
M260721
E/sl
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.
|
2018-01184, 2018-01185 BNY Mellon, respondent, v John Barone, appellant. (Index No. 12076/13)
| DECISION & ORDER ON MOTION |
Motion by the appellant to enlarge the record on appeals from two orders of the Supreme Court, Kings County, both dated October 3, 2017, to include a certain notice of appearance in the above-entitled action dated September 30, 2013, and annexed to the motion papers as Exhibit C.
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 matter is referred to the Supreme Court, Kings County, to report on whether it considered the notice of appearance in the above-entitled action dated September 30, 2013, annexed to the appellant's motion papers as Exhibit C, in determining the motion and cross motion that resulted in the order dated October 3, 2017; the Supreme Court, Kings County, shall issue its report with all convenient speed; and it is further,
ORDERED that the motion is held in abeyance in the interim.
RIVERA, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court