U.S. Bank National Association v Garcia
2026 NY Slip Op 67821(U)
May 6, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This motion is uncorrected and is not subject to publication in the Official Reports.
US Bank National Association, etc., respondent,
v
Ricopian Garcia, appellant, et al., defendants.
Supreme Court of the State of New York, Appellate Division : Second Judicial Department
May 6, 2026
2025-01990, 11613/2014
Betsy Barros, J.P.
Valerie Brathwaite Nelson
Laurence L. Love
Susan Quirk, JJ.
[*1]DECISION & ORDER ON MOTION
Appeal from an order of the Supreme Court, Nassau County, dated December 31, 2024. Motion by the respondent to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to direct the appellant to serve and file a supplemental record containing certain material, and to extend the time to serve and file a brief.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal is denied; and it is further,
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 June 5, 2026, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document Nos. 123, 129, 132, and 140, 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 which is to extend the time to serve and file a brief is granted, and on or before July 6, 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.
BARROS, J.P., BRATHWAITE NELSON, LOVE and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court