| U.S. Bank National Association v Berry |
| Motion No: 2024-00401 |
| Slip Opinion No: 2025 NY Slip Op 72332(U) |
| Decided on July 9, 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
M306385
AFA/
MARK C. DILLON, J.P.
LILLIAN WAN
JANICE A. TAYLOR
LOURDES M. VENTURA, JJ.
|
2024-00401 U.S. Bank National Association, etc., respondent, v Barbara Berry, et al., defendants, Hugues Mathieu, appellant. (Index No. 701557/2016)
| DECISION & ORDER ON MOTION |
Appeal from an order and judgment (one paper) of the Supreme Court, Queens County, dated September 25, 2023. Motion by the respondent, inter alia, in effect, to dismiss the appeal or strike stated portions of the appendix on the ground that the appendix is inadequate and contains matter dehors the record or, in the alternative, to direct the appellant to serve and file a replacement appendix containing certain material and to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the branch of the motion which is, in effect, to strike stated portions of the appendix is granted, pages 687 through 714 of the appendix are stricken, and on or before August 8, 2025, the appellant shall serve and file a replacement appendix that does not contain the stricken material and is in all other respects the same as the appendix previously filed via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement appendix and upload digital copies of the replacement appendix, 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 September 8, 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; and it is further,
ORDERED that the motion is otherwise denied.
DILLON, J.P., WOOTEN, TAYLOR and VENTURA, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court