ONEWEST BANK, FSB v. SPENCER, STEVEN D.

Opinion

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

1059 CA 15-01484 PRESENT: CARNI, J.P., DEJOSEPH, NEMOYER, TROUTMAN, AND SCUDDER, JJ.

ONEWEST BANK, FSB, PLAINTIFF-APPELLANT,

V MEMORANDUM AND ORDER

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.

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.

Same memorandum as in OneWest Bank, FSB v Spencer ([appeal No. 1] ___ AD3d ___ [Dec. 23, 2016]).

Entered: December 23, 2016 Frances E. Cafarell Clerk of the Court