| Deutsche Bank National Trust Company v Messiah |
| Motion No: 2023-10802 |
| Slip Opinion No: 2025 NY Slip Op 61398(U) |
| Decided on January 27, 2025 |
| 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
M302377
KS/
BETSY BARROS, J.P.
LAURENCE L. LOVE
DONNA-MARIE E. GOLIA
PHILLIP HOM, JJ.
|
2023-10802 Deutsche Bank National Trust Company, etc., respondent, v Sarah Messiah, appellant. (Index No. 15189/2008)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Nassau County, dated November 6, 2023. Motion by the respondent to dismiss the appeal on the ground that the appendix is inadequate or, in the alternative, to strike stated portions of the appendix and the appellant's brief on the grounds that they contain and refer to matter dehors the record and the appendix is inadequate 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 branches of the motion which are to dismiss the appeal or, in the alternative, to strike stated portions of the appendix and appellant's brief are granted to the extent that pages 23 through 26 of the appendix, and the appellant's brief, are stricken, and on or before February 26, 2025, the appellant shall serve and file, via NYSCEF, a replacement appendix that does not contain the stricken material and which contains Supreme Court NYSCEF document nos. 46 through 51, 53, 54, 59 through 61, and 66, and which is in all other respects the same as the appendix previously filed, and a replacement appellant's brief that does not refer to the stricken material and which is in all other respects the same as the appellant's brief previously filed, and those branches of the motion are otherwise denied; 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 March 28, 2025, 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.
BARROS, J.P., LOVE, GOLIA and HOM, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court