| Bayview Loan Servicing, LLC v Paniagua |
| Motion No: 2019-12685 |
| Slip Opinion No: 2020 NY Slip Op 74711(U) |
| Decided on November 16, 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
M273772
E/sl
REINALDO E. RIVERA, J.P.
SYLVIA O. HINDS-RADIX
COLLEEN D. DUFFY
VALERIE BRATHWAITE NELSON, JJ.
|
2019-12685 Bayview Loan Servicing, LLC, respondent, v Angel Paniagua, appellant, et al., defendant. (Index No. 600895/2019)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated October 25, 2019. Motion by the appellant to strike Point II of the respondent's brief on the ground that it refers to matter dehors the record, to waive the motion filing fee, and for an attorney's fee.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to strike Point II of the respondent's brief is held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof; and it is further,
ORDERED that the branch of the motion which is to waive the motion filing fee is denied as unnecessary (see 22 NYCRR 1250.17[b]); and it is further,
ORDERED that the motion is otherwise denied.
RIVERA, J.P., HINDS-RADIX, DUFFY and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court