Appellate Division: Second Judicial Department

M263432

E/mm

CHERYL E. CHAMBERS, J.P.

SHERI S. ROMAN

SYLVIA O. HINDS-RADIX

HECTOR D. LASALLE, JJ.

2018-10344 Pennymac Corp., respondent, v Salvatore Nicolosi, appellant, et al., defendants. (Index No. 130842/13)

DECISION & ORDER ON MOTION

Motion by the respondent to dismiss an appeal from an order of the Supreme Court, Richmond County, dated May 10, 2018, in effect, on the ground that the record is inadequate and contains matter dehors the record.

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

ORDERED that the motion is denied on condition that on or before July 12, 2019, the appellant (1) delete pages 252 through 256 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, and serve and file a supplemental record containing Exhibit 11 to the papers filed in opposition to the appellant's cross motion, or (2) 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 material contained on pages 252 through 256 of the record and does contain Exhibit 11 to the papers filed in opposition to the appellant's cross motion, and the motion is otherwise denied.

CHAMBERS, J.P., ROMAN, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court