| Wells Fargo Bank v Barasch |
| Motion No: 2022-09624 |
| Slip Opinion No: 2024 NY Slip Op 65536(U) |
| Decided on April 8, 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
M295566
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, inter alia, in effect, to recall and vacate so much of a decision and order on motion of this Court dated January 5, 2024, as granted the branch of the respondent's motion which was to strike pages 61 through 66 of the record, and to extend the time to comply with the decision and order on motion of this Court dated January 5, 2024.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the branch of the motion which is, in effect, to recall and vacate so much of a decision and order on motion of this Court dated January 5, 2024, as granted the branch of the respondent's motion which was to strike pages 61 through 66 of the record, is granted, and so much of the decision and order on motion of this Court dated January 5, 2024, as granted the branch of the respondent's motion which was to strike pages 61 through 66 of the record is recalled and vacated; and it is further,
ORDERED that the branch of the motion which is to extend the time to comply with the decision and order on motion of this Court dated January 5, 2024, is granted, and on or before May 8, 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 motion is otherwise denied; and it is further,
ORDERED that on the Court's own motion, the respondent's time to serve and file a brief is extended, and on or before June 7, 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
Clerk of the Court