| Wells Fargo Bank, NA v Daniel |
| Motion No: 2019-04427 |
| Slip Opinion No: 2020 NY Slip Op 73276(U) |
| Decided on October 19, 2020 |
| 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
M272971
E/sl
ALAN D. SCHEINKMAN, P.J.
JOHN M. LEVENTHAL
ROBERT J. MILLER
PAUL WOOTEN, JJ.
|
2019-04427, 2019-04428 Wells Fargo Bank, NA, respondent, v Jean R. Daniel, et al., appellants, et al., defendants. (Index No. 605788/2016)
| DECISION & ORDER ON MOTION |
Appeals from an order and judgment (one paper) and an order of the Supreme Court, Suffolk County, both dated January 28, 2019. Motion by the respondent to dismiss the appeals 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 granted to the extent that the record is stricken and on or before November 18, 2020, the appellant shall serve a replacement record that does not contain the material on pages 97 through 157 of the record, and contains all of the exhibits that were annexed to the motion to confirm the referee's report and for a judgment of foreclosure and sale that was determined by the order dated January 28, 2019, and contains all of the papers filed in connection with the underlying motion for summary judgment, and upload a digital copy of the replacement record, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the replacement record in accordance with any applicable administrative order or other order to be issued by the Court; the replacement record shall maintain the pagination of the original record;
ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is extended, and on or before December 18, 2020, the respondent shall serve the respondent's brief and upload digital copies of the respondent's brief, with proof of service thereof, through the digital portal on this Court's website, and file an original and five hard copies of the respondent's brief in accordance with any applicable administrative order or other order to be issued by the Court.
SCHEINKMAN, P.J., LEVENTHAL, MILLER and WOOTEN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court