Opinion
Motion No. 2023-01574 Index No. 609964/2015
04-12-2024
Bank of New York Mellon, etc., respondent, v. Susan M. Tedeschi, etc., et al., appellants, et al., defendant.
Unpublished Opinion
MOTION DECISION
M295631
ANGELA G. IANNACCI, J.P. JOSEPH J. MALTESE WILLIAM G. FORD CARL J. LANDICINO, JJ.
DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Suffolk County, dated December 22, 2022. Motion by the respondent to dismiss the appeal on the ground that the appellants failed to properly settle the transcript of the proceedings which occurred on December 9, 2022, and on the ground that the transcript of the proceedings which occurred on December 9, 2022, was not properly certified or, in the alternative, to strike stated portions of the record on the ground that they refer to matter dehors the record, and to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the appellants failed to properly settle the transcript of the proceedings which occurred on December 9, 2022, is denied; and it is further, ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the transcript of the proceedings which occurred on December 9, 2022, was not properly certified is granted to the extent that the transcript of the proceedings which occurred on December 9, 2022, is stricken from the record and on or before May 13, 2024, the appellants shall file a replacement record containing a properly certified transcript of the proceedings which occurred on December 9, 2022; and it is further, ORDERED that the branch of the motion which is to strike stated portions of the record is granted, pages 63 to 65, and pages 68 to 118, of the record are stricken, and on or before May 13, 2024, the appellants shall serve and file, via NYSCEF, a replacement record that does not contain the stricken material and is in other respects the same as the record previously filed; 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 June 12, 2024, 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.
IANNACCI, J.P., MALTESE, FORD and LANDICINO, JJ., concur.