| Wells Fargo Bank v Barasch |
| Motion No: 2022-09624 |
| Slip Opinion No: 2024 NY Slip Op 60164(U) |
| Decided on January 5, 2024 |
| 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
M293389
AFA/
MARK C. DILLON, J.P.
LINDA CHRISTOPHER
LARA J. GENOVESI
BARRY E. WARHIT, JJ.
|
2022-09624 Wells Fargo Bank, National Association, etc., respondent, v Mark Barasch, appellant, et al., defendants. (Index No. 61855/2015)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Westchester County, dated October 13, 2022. Motion by the appellant to stay enforcement of the order pending hearing and determination of the appeal, to vacate the notice of pendency, and, in effect, for summary reversal of the order. Motion by the respondent to dismiss the appeal or, in the alternative, to strike stated portions of the record and the appellant's brief on the ground that they 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 motions and the papers filed in opposition thereto, it is
ORDERED that the motion by the appellant is denied; and it is further,
ORDERED that the branch of the respondent's motion which is to dismiss the appeal is denied; and it is further,
ORDERED that the branch of the respondent's motion which is to strike stated portions of the record and the appellant's brief is granted, pages 49 through 76, 649 through 654, and 666 through 942 of the record and the appellant's brief are stricken, and on or before February 5, 2024, the appellant shall serve and file, via NYSCEF, a replacement record that does not contain the stricken material and is in all other respects the same as the record previously filed, and a replacement appellants' brief that does not refer to the stricken material and is in all other respects the same as the brief previously filed; and it is further,
ORDERED that the branch of the respondent's motion which is to extend the time to serve and file a brief is granted, and on or before March 6, 2024, the respondent shall serve and file its 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.
DILLON, J.P., CHRISTOPHER, GENOVESI and WARHIT, JJ., concur.
ENTER:
Darrell M. Joseph
Acting Clerk of the Court