Appellate Division: Second Judicial Department

M282392

MB/

COLLEEN D. DUFFY, J.P.

SHERI S. ROMAN

JOSEPH J. MALTESE

WILLIAM G. FORD, JJ.

2021-00393 Nationstar Mortgage, LLC, appellant, v Maxwell Adekoje, et al., defendants, Elizabeth Akpojosevbe, respondent. (Index No. 23425/2008)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, entered December 30, 2014. Motion by the respondent, in effect, to strike stated portions of the appellant's brief on the ground that they refer to matter dehors the record, to direct the appellant to file a supplemental record containing certain material, 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 stated portions of the appellant's brief on the ground that they refer to matter dehors the record 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 direct the appellant to file a supplemental record containing certain material is denied; and it is further,

ORDERED that the branch of the motion which is to extend the time to serve and file a brief is granted, and on or before May 11, 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; and it is further,

ORDERED that no further extension of time shall be granted.

DUFFY, J.P., ROMAN, MALTESE and FORD, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court