| GMAC Mortgage, LLC v Clarke |
| Motion No: 2021-09444 |
| Slip Opinion No: 2023 NY Slip Op 74987(U) |
| Decided on October 13, 2023 |
| 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
M291577
AFA/
JOSEPH J. MALTESE, J.P.
WILLIAM G. FORD
BARRY E. WARHIT
LOURDES M. VENTURA, JJ.
|
2021-09444 GMAC Mortgage, LLC, respondent, v David S. Clarke, et al., defendants; Long Island Investments, LLC, nonparty-appellant. (Index No. 15377/2007)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated December 7, 2021. Motion by the respondent to dismiss the appeal on the ground that the record contains material dehors the record, or, in the alternative, to strike stated portions of the record and to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is to strike stated portions of the record is granted to the extent that the record is stricken, and on or before November 13, 2023, the appellant shall serve and file a replacement record that does not contain the material currently included in the record at pages 2084-3584 and which has a corrected cover that changes the party designation of Long Island Investments, LLC, from defendant-appellant to nonparty-appellant, via NYSCEF, if applicable, or, if NYSCEF is not mandated, upload a digital copy of the replacement record, with proof of service thereof, through the digital portal on this Court's website; and it is further,
ORDERED that on the Court's own motion, the appellant shall serve and file a digital replacement copy of the appellant's brief which has a corrected cover that changes the party designation of Long Island Investments, LLC, from defendant-appellant to nonparty-appellant; 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 December 13, 2023, 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 the motion is otherwise denied.
MALTESE, J.P., FORD, WARHIT and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court