Opinion
Motion No. 2020-03822 Motion No. 2020-03838 Motion No. 2020-03839 Motion No. 2020-03886 Motion No. 2020-03887
01-12-2021
Bank of America, N.A. etc., Plaintiff-Respondent, v. Aletha Angel, Defendant-Appellant, Thomas Munro, et al., Defendants.
Present - Hon. Judith J. Gische, Justice Presiding, Angela M. Mazzarelli Jeffrey K. Oing Anil C. Singh Manuel J. Mendez, Justices. Index No. 35173/13
Case Nos. 2019-21512 2019-21693
Appeals having been taken to this Court from two orders of the Supreme Court, Bronx County, entered on or about January 28, 2019, and said appeals having been perfected,
And plaintiff-respondent having moved to dismiss the appeal taken on Case No. 2019-21512, or in the alternative, to consolidate the aforesaid appeals on a single record and brief; to compel defendant-appellant to correct and supplement her Appendix and table of contents for the appeal on case number 2019-21693; and to dismiss both appeals if plaintiff fails to correct and supplement the aforesaid appendix within thirty days of this order (M-3822 and M-3839),
And defendant-appellant having moved, pursuant to CPLR 4511 and 22 NYCRR 130-1.1, for this Court to take judicial notice that plaintiff is not the owner of a certain security instrument and to sanction plaintiff-respondent and its former counsel for deceit and frivolous conduct (M-3838 and M-3887),
And defendant-appellant having moved, pursuant to Rules 1.7, 1.10, 3.4, 3.7, 4.1 and 8.4 of the New York Rules of Professional Conduct and 22 NYCRR 130-1.1, to disqualify plaintiff's counsel for conflict of interest, and to sanction both plaintiff and its counsel for frivolous conduct and the abuse of legal process (M-3886),
Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon,
It is ordered that plaintiff-respondent's motion for consolidation is granted only to the extent that both appeals shall be calendared for the same day, and the motions are otherwise denied (M-3822 and M-3839), and
It is further ordered that plaintiff-respondent is granted leave to file a supplemental appendix as detailed in paragraphs 23-28 of their affirmation in support, at their own expense. The motion to strike is otherwise denied without prejudice to raising the argument directly on appeal. The remaining relief sought is denied in its entirety (M-3838, M-3886 and M-3887). ENTERED: January 12, 2021
/s/
Susanna Molina Rojas
Clerk of the Court