U.S. Bank National Association v Rowe
Motion No: 2018-10901
Slip Opinion No: 2019 NY Slip Op 69234(U)
Decided on April 30, 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M262317

E/afa

MARK C. DILLON, J.P.

CHERYL E. CHAMBERS

SYLVIA O. HINDS-RADIX

VALERIE BRATHWAITE NELSON, JJ.

2018-10901, 2018-10904

U.S. Bank National Association, etc., respondent,

v Roger Rowe, appellant, et al., defendants.

(Index No. 611113/16)

DECISION & ORDER ON MOTION

Motion by the respondent on appeals from two orders of the Supreme Court, Suffolk County, both dated June 26, 2018, inter alia, to strike the appellant's brief and direct the appellant to serve and file a replacement brief, to strike pages 615 through 1195a of the record, and to extend the time to serve and file a brief.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to strike the appellant's brief and direct the appellant to serve and file a replacement brief is granted, on or before May 30, 2019, the appellant shall serve and file a replacement brief which complies with the rules of the Appellate Division (see 22 NYCRR 1250.8); and it is further,

ORDERED that the branch of the motion which is to strike pages 615 through 1195a of the record is granted and on or before May 30, 2019, the appellant shall remove the stricken material from the copies of the record filed with the Clerk of the Court and file a replacement digital copy of the record which does not contain the stricken material, or serve and file a replacement record, in both hard copy format and digital format in accordance with the rules (see 22 NYCRR 1250.9[c][1]),which does not contain the stricken material; 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 July 1, 2019, and the respondent's brief shall be served and filed on or before that date; and it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., CHAMBERS, HINDS-RADIX and BRATHWAITE NELSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court