Opinion
M-789 M-1107
04-24-2018
Nationstar Mortgage LLC, Plaintiff-Appellant, v. Nicola McCallum, Defendant-Respondent, Clevon McCallum, Mortgage Electronic Registration Systems, Inc. as Nominee for Fremont Investment & Loan, New York City Environmental Control Board, New York City Parking Violations Bureau, New York City Transit Adjudication Bureau; John Doe (Said name being fictitious, it being the intention of Plaintiff to designate any and all occupants of premises being foreclosed herein, and any parties, corporations or entities, if any, having or claiming an interest or lien upon the mortgaged premises.) Defendants.
An appeal having been taken from an order of the Supreme Court, Bronx County, entered on or about February 14, 2017, And defendant-respondent Nicola McCallum having moved to dismiss the aforesaid appeal, or in the alternative, to direct plaintiff to remove certain citations in the brief and appendix, to file a new brief and appendix, to enlarge said appendix to include defendant's reply affirmation, and for other relief (M-1107), And plaintiff-appellant having moved for a further enlargement of time to perfect the aforesaid appeal (M-789), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motion seeking dismissal of the appeal and alternative relief is denied as academic, said appendix and brief having been rejected for filing and withdrawn (M-1107). The motion for an enlargement of time to perfect the appeal is granted to the extent of enlarging the time to perfect said appeal to the October 2018 Term (M-789). Plaintiff-appellant is directed to perfect for said Term on an appendix including defendant's reply affirmation (Ex. F to the moving papers) and excluding the order of the Supreme Court, dated July 26, 2017, and all papers and exhibits underlying that order (ie. Proposed appendix pp. A. 479-A854) and on a brief excluding any references to that material (including, but not limited to references at pps. 4 and 6 of the proposed Appellant's Brief.)
ENTERED: April 24, 2018
_____________________ CLERK
PRESENT: Hon. David Friedman, Justice Presiding,Rosalyn H. Richter Angela M. Mazzarelli Barbara R. Kapnick Ellen Gesmer, Justices
Index No. 382890/09