Opinion
2021-74695 2020-02952 Motion 2021-02565
11-18-2021
Ocwen Loan Servicing, LLC, Plaintiff-Respondent, v. Carmen A. Pacheco and Carmen J. Pacheco, Defendants-Appellants, Akam Associates Inc., et al., Defendants. Index No. 850228/15
Unpublished Opinion
MOTION DECISION
PRESENT: Hon. Dianne T. Renwick, Ellen Gesmer, Peter H. Moulton, Martin Shulman, Bahaati E. Pitt, Justices.
1
An appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about September 30, 2019, and said appeal having been perfected, And plaintiff-respondent having moved to dismiss the aforesaid appeal based upon defendants-appellants filing of an improper record which fails to include the transcript of, and exhibits from, the hearing proceedings upon which the order appealed from is based, and which improperly includes motion papers which post-date the order appealed and which motions are currently pending in Supreme Court or, in the alternative, to strike defendants' record on appeal and brief and direct defendants to file an amended record and brief; and to grant plaintiff-respondent an extension of time in which 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, 2
It is ordered that the motion is granted to the extent of striking defendants-appellants' record on appeal and brief, with leave to file an amended brief and record for the March 2022 Term of this Court, which record shall consist solely of the record before the Referee, including the hearing transcript and exhibits admitted at the hearing, which defendants consent to include in the record, and which omits motion papers filed after the Referee's decision and order entered on September 30, 2019, and which otherwise complies with CPLR 5526 and 22 NYCRR 1250.7. The Clerk of the Court is directed to strike the appeal from the December 2021 calendar. 3