| Wells Fargo Bank, National Association v Geremia |
| Motion No: 2023-06865 |
| Slip Opinion No: 2024 NY Slip Op 64864(U) |
| Decided on March 27, 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
M295235
AFA/
COLLEEN D. DUFFY, J.P.
LINDA CHRISTOPHER
LILLIAN WAN
LAURENCE L. LOVE, JJ.
|
2023-06865 Wells Fargo Bank, National Association, etc., respondent, v Rosemary Geremia, etc., et al., defendants; Vito Maiello, etc., nonparty-appellant. (Index No. 63043/2014)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated May 10, 2023. Motion by the respondent to dismiss the appeal on the ground, inter alia, that the record is inadequate or, in the alternative, to direct the appellant to serve and 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 dismiss the appeal is denied; and it is further,
ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record containing certain material is granted, and on or before April 26, 2024, the appellant shall serve and file a supplemental record containing all documents referenced by Supreme Court NYSCEF document number in the affidavits and affirmations filed in connection with the motion that was determined by the order dated May 10, 2023, which are not already contained in the record on appeal, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website; 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 28, 2024, 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.
DUFFY, J.P., CHRISTOPHER, WAN and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court