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GMAC Mortg. v. Clarke

Supreme Court of New York, Second Department
Oct 13, 2023
2023 N.Y. Slip Op. 74987 (N.Y. App. Div. 2023)

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Unpublished Opinion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.


Summaries of

GMAC Mortg. v. Clarke

Supreme Court of New York, Second Department
Oct 13, 2023
2023 N.Y. Slip Op. 74987 (N.Y. App. Div. 2023)
Case details for

GMAC Mortg. v. Clarke

Case Details

Full title:GMAC Mortgage, LLC, respondent, v. David S. Clarke, et al., defendants…

Court:Supreme Court of New York, Second Department

Date published: Oct 13, 2023

Citations

2023 N.Y. Slip Op. 74987 (N.Y. App. Div. 2023)