Opinion
Motion No: M-4829
11-20-2018
JPMorgan Chase Bank, N.A., Plaintiff-Respondent, v. Maharaj Seema, Defendant-Appellant, NYC Environmental Control Board, et al., Defendants.
An appeal having been taken to this Court from the order of the Supreme Court, Bronx County, entered on or about June 28, 2017, and said appeal having been perfected, And plaintiff-respondent having moved for an order (1) dismissing the aforesaid appeal upon the grounds that defendant is not aggrieved party and lacks standing; (2) dismissing the appeal upon the ground that the record filed by defendant was inadequate pursuant to CPLR 5526; (3) if the appeal is not dismissed, enlarging the record on appeal to include a copy of the notice of appearance, the deed from defendant to West 190 Realty Inc., and the judgment of foreclosure and sale; and (4) if the appeal is not dismissed, extending plaintiff's time to file a respondent's brief, Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of granting plaintiff leave to file a supplemental record to include (1) a copy of the transcript of proceedings held on June 26, 2017, if so advised; (2) a copy of the notice of appearance dated August 11, 2016; (3) a copy of the deed from Maharaj to West 190 Realty Inc. dated December 6, 2015; and (4) a copy of the judgment of foreclosure and sale (Exhibits D, E and I to the moving papers, respectively). The appeal is hereby adjourned to the February 2019 Term.The motion, to the extent it seeks dismissal of the appeal is denied, without prejudice to plaintiff raising its arguments directly on the appeal.
ENTERED: November 20, 2018
_____________________ DEPUTY CLERK
Present - Hon. John W. Sweeny, Jr., Justice Presiding, Sallie Manzanet-Daniels Judith J. Gische Peter Tom Peter H. Moulton, Justices
M-4829
Index No. 381702/08