Appellate Division: Second Judicial Department

M280929

E/jr

FRANCESCA E. CONNOLLY, J.P.

ANGELA G. IANNACCI

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2021-00525 US Bank National Association, etc., appellant, v Isaac Tenenbaum, respondent, et al., defendants. (Index No. 34412/2017)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated December 3, 2020. Motion by the respondent, in effect, to strike the appellant's appendix and the appellant's brief on the ground that they contain or refer to matter dehors the record. Application by the respondent pursuant to 22 NYCRR 1250.9(g)(1) 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, and upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, the appellant's appendix and the appellant's brief are stricken, and on or before February 14, 2022, the appellant shall serve and file, via NYSCEF, a replacement appellant's appendix which does not contain the material on pages A.321 through A.346 of the original appendix and a replacement appellant's brief that does not refer to the material on those pages; and it is further,

ORDERED that the application is granted, and on or before March 14, 2022, the respondent shall serve and file the respondent's brief via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the brief and upload a digital copy of the brief, with proof of service thereof, through the digital portal on this Court's website.

CONNOLLY, J.P., IANNACCI, WOOTEN and DOWLING, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court