US Bank National Association etc. v Evelyn Okeke

Motion No: M-1106

Slip Opinion No: 2019 NYSlipOp 69882(U)

Decided on May 9, 2019

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.

May 9, 2019

US Bank National Association, etc.,

Plaintiff-Appellant,

v

Evelyn Okeke,

Defendant-Respondent,

First Community Industrial Bank,

et al.,

Defendants.

An appeal having been taken to this Court from the order of the Supreme Court, Bronx County, entered on or about June 25, 2018, and said appeal having been perfected, And defendant-respondent having moved for an order (1) dismissing the appeal or, in the alternative, directing plaintiff to serve a new record on appeal with the transcript of certain proceedings and defendant-respondent's motion to strike the complaint and supporting exhibits included, and pages 38-74 of the record expunged; and (2) adjourning the aforesaid appeal,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 to the extent of directing plaintiff-appellant to file, at its own expense, a supplemental record on appeal containing defendant's July 2017 Motion to Strike and supporting papers, and the transcripts of the proceedings dated January 22, 2018 (Exhibit E to the moving papers), and deeming pages 38-74 of the record on appeal stricken. Defendant-respondent is directed to submit their

respondent's brief on or before September 4, 2019 for the

October 2019 Term, to which Term the appeal is adjourned, with

no further adjournments to be granted. ENTERED: May 9, 2019

_____________________ CLERK

Present - Hon. Dianne T. Renwick,Justice Presiding, Rosalyn H. Richter Peter Tom Barbara R. Kapnick Cynthia S. Kern,Justices

M-1106

Index No. 380322/09