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

May 13, 2026

2024-03955, 521852/2023

Lara J. Genovesi, J.P.

Deborah A. Dowling

Janice A. Taylor

Lisa S. Ottley, JJ.

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DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated April 15, 2024. Motion by the appellants, inter alia, in effect, to extend the time to comply with a decision and order on motion of this Court dated October 17, 2025. Motion by the respondent to dismiss the appeal on the ground that the appellant failed to comply with the decision and order on motion of this Court dated October 17, 2025, or, in the alternative, to extend the time to serve and file a brief.

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 by the appellant which is to extend the time to comply with the decision and order on motion of this Court dated October 17, 2025, is granted, the appellants' time to comply with the decision and order on motion of this Court dated October 17, 2025, is extended and on or before June 29, 2026, the appellant settle the transcript of the traverse hearing proceedings, and serve and file, via NYSCEF, a replacement record containing (1) a properly settled transcript of the traverse hearing proceedings, any errata sheets, and an affirmation, certification, stipulation, or order settling the transcript pursuant to CPLR 5525, and (2) a record that is certified in accordance with 22 NYCRR 1250.7(g), via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement record and upload a digital copy of the replacement record, with proof of service thereof, through the digital portal on this Court's website; and it is further,

ORDERED that the motion by the appellant is otherwise denied; and it is further,

ORDERED that the branch of the motion by the respondent which is to dismiss the appeal is denied; and it is further,

ORDERED that the branch of the motion by the respondent which is to extend the time to serve and filed a brief is granted, and on or before July 29, 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,

GENOVESI, J.P., DOWLING, TAYLOR and OTTLEY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court