Opinion
12-23-2016
ONEWEST BANK, FSB, Plaintiff–Appellant, v. Steven D. SPENCER, et al., Defendants, And Donna S. Spencer, Defendant–Respondent. (Appeal No. 2.).
Harris Beach PLLC, Pittsford (John A. Mancuso of Counsel), for plaintiff-appellant. Reid A. Holter, Victor, for defendant-respondent.
Appeal from an order of the Supreme Court, Ontario County (Frederick G. Reed, A.J.), entered July 13, 2015. The order, insofar as appealed from, denied in part the motion of plaintiff to settle the record on appeal.
Harris Beach PLLC, Pittsford (John A. Mancuso of Counsel), for plaintiff-appellant.
Reid A. Holter, Victor, for defendant-respondent.
Same memorandum as in OneWest Bank, FSB v. Spencer (Appeal No. 1), ––– A.D.3d ––––, ––– N.Y.S.3d ––––, 2016 WL 7419581 (Dec. 23, 2016).
It is hereby ORDERED that the order insofar as appealed from is unanimously reversed on the law without costs and the motion is granted in its entirety.
CARNI, J.P., DeJOSEPH, NEMOYER, TROUTMAN, and SCUDDER, JJ., concur.