Supreme Court of the State of New York, Appellate Division : Second Judicial Department

April 1, 2026

2024-03201, 723088/2021

Colleen D. Duffy, J.P.

Deborah A. Dowling

Janice A. Taylor

Laurence L. Love, JJ.

[*1]

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated December 18, 2023. Motion by the respondent, in effect, to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to direct the appellant to file a supplemental record containing certain material, and to extend the time to serve and file a brief. Motion by the appellant to stay his eviction from the subject premises, pending hearing and determination of the appeal.

Upon the papers filed in support of the motions and the papers filed in opposition thereto, it is

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record containing certain material is granted to the extent that on or before May 1, 2026, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document Nos. 1 through 14, 56, 96, 102, and 103, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental record and upload a digital copy of the supplemental record, with proof of service thereof, through the digital portal on this Court's website, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion by the respondent which is to extend the time to serve and file the respondent's brief is granted, and on or before June 1, 2026, 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 motions are otherwise denied.

DUFFY, J.P., DOWLING, TAYLOR and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court