Opinion
Motion No. 2021-09444 Index No. 15377/2007
10-13-2023
GMAC Mortgage, LLC, respondent, v. David S. Clarke, et al., defendants; Long Island Investments, LLC, nonparty-appellant.
Unpublished Opinion
MOTION DECISION
M291577
AFA/JOSEPH J. MALTESE, J.P. WILLIAM G. FORD, BARRY E. WARHIT, LOURDES M. VENTURA, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Suffolk County, dated December 7, 2021. Motion by the respondent to dismiss the appeal on the ground that the record contains material dehors the record, or, in the alternative, to strike stated portions of the record 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 to strike stated portions of the record is granted to the extent that the record is stricken, and on or before November 13, 2023, the appellant shall serve and file a replacement record that does not contain the material currently included in the record at pages 2084-3584 and which has a corrected cover that changes the party designation of Long Island Investments, LLC, from defendant-appellant to nonparty-appellant, via NYSCEF, if applicable, or, if NYSCEF is not mandated, upload a digital copy of the replacement record, with proof of service thereof, through the digital portal on this Court's website; and it is further, ORDERED that on the Court's own motion, the appellant shall serve and file a digital replacement copy of the appellant's brief which has a corrected cover that changes the party designation of Long Island Investments, LLC, from defendant-appellant to nonparty-appellant; 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 December 13, 2023, 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.
MALTESE, J.P., FORD, WARHIT and VENTURA, JJ., concur.