| Deutsche Bank National Trust Company v Kavovit |
| Motion No: 2021-01921 |
| Slip Opinion No: 2021 NY Slip Op 69765(U) |
| Decided on August 2, 2021 |
| 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
M278479
E/sl
SYLVIA O. HINDS-RADIX, J.P.
FRANCESCA E. CONNOLLY
LARA J. GENOVESI
WILLIAM G. FORD, JJ.
|
2021-01921, 2021-01922 Deutsche Bank National Trust Company, etc., respondent, v Barbara R. Kavovit, etc., appellant, et al., defendants. (Index No. 611956/2018)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Supreme Court, Suffolk County, both dated December 24, 2020. Motion by the respondent, inter alia, to strike the appellant's appendix and the appellant's brief on the ground that they contain or refer to matter dehors the record, and to extend the time to serve and file a brief.
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 the appellant's appendix and the appellant's brief is granted, and on or before September 1, 2021, the appellant shall serve and file, via NYSCEF, a replacement appellant's appendix which does not contain the papers filed in connection with the appellant's motion to dismiss the complaint and a replacement appellant's brief which does not refer to that motion; and it is further,
ORDERED that the branch of the motion which is to extend the time to serve and file a brief is denied as premature; and it is further,
ORDERED that the motion is otherwise denied.
HINDS-RADIX, J.P., CONNOLLY, GENOVESI and FORD, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court