| Wells Fargo Bank, N.A. v Santos |
| Motion No: 2021-07866 |
| Slip Opinion No: 2024 NY Slip Op 71489(U) |
| Decided on July 24, 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
M297959
AFA/
FRANCESCA E. CONNOLLY, J.P.
WILLIAM G. FORD
BARRY E. WARHIT
HELEN VOUTSINAS, JJ.
|
2021-07866 Wells Fargo Bank, N.A., etc., appellant, v Tasha Santos, et al., respondents, et al., defendants. (Index No. 1199/2012)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Kings County, dated September 15, 2021. By decision and order on motion of this Court dated March 15, 2024, the appellant was directed to serve and file a supplemental record containing the transcripts of the traverse hearing held in the Supreme Court and the exhibits from said hearing. Motion by the appellant to extend the time to comply with the decision and order on motion of this Court dated March 15, 2024. Cross-motion by the respondent to dismiss the appeal on the ground that the appellant has failed to comply with the decision and order on motion of this Court dated March 15, 2024.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, and upon the papers filed in support of the cross-motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion, the matter is referred to the Supreme Court, Kings County, for a reconstruction hearing with respect to the hearing exhibits and proceedings which occurred on August 12, 2019; if the hearing exhibits and/or minutes cannot be reconstructed the Supreme Court shall issue a report to this Court with all convenient speed; and it is further,
ORDERED that the stenographer(s) and/or the transcription service(s) is/are required promptly to make and certify two transcripts of the reconstruction hearing, once said hearing has been completed, if the minutes can be reconstructed; the appellant is directed to provide copies of said transcripts to all of the other parties to the appeal; and it is further,
ORDERED that the motion and cross-motion are held in abeyance in the interim; and it is further,
ORDERED that the appellant is directed to serve a copy of this decision and order on motion on the clerk of the court from which the appeal is taken.
CONNOLLY, J.P., FORD, WARHIT and VOUTSINAS, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court