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

May 13, 2026

2023-09840, 519098/2018, 519098/2018

Mark C. Dillon, J.P.

Paul Wooten

Janice A. Taylor

James P. McCormack, JJ.

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DECISION & ORDER ON MOTION

Appeals from an order of the Supreme Court, Kings County, dated July 13, 2023, and a judgment of the same court dated August 10, 2023. The appeal from the order was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent for leave to reargue his prior motion, which was determined by decision and order on motion of this Court dated October 23, 2024.

Upon the papers filed in support of the motion and no papers having been filed in opposition or in relation thereto, it is

ORDERED that the motion is granted, and upon reargument, the decision and order on this motion of this Court dated October 23, 2024, is recalled and vacated and the following decision and order on motion is substituted therefor:

Appeals from an order of the Supreme Court, Kings County, dated July 13, 2023, and a judgment of the same court dated August 10, 2023. The appeal from the order was deemed dismissed pursuant to 22 NYCRR 1250.10(a). Motion by the respondent to dismiss the appeal from the judgment on the ground that the dismissal of the appeal from the order for failure to timely perfect precludes consideration of the issues to be raised on the appeal from the judgment, pursuant to Bray v Cox (38 NY2d 350), to dismiss the appeal from the judgment on the ground that the record is inadequate, or in the alternative, to extend the time to serve and file a brief. Motion by the appellant pursuant to 22 NYCRR 1250.10(c) to vacate the dismissal of the appeal from the order and to extend the time to perfect the appeal from the order.

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

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

ORDERED that the branch of the motion by the respondent which is to dismiss the appeal from the judgment on the ground that the dismissal of the appeal from the order for failure to timely perfect precludes consideration of the issues to be raised on the appeal from the judgment, pursuant to Bray v Cox (38 NY2d 350), is denied; and it is further,

ORDERED that the branch of the motion which is to dismiss the appeal on the ground that the record is inadequate is granted to the extent that on or before June 10, 2026, the appellant shall serve and file a supplemental record containing the transcript of the proceedings in the above-entitled action which occurred on July 13, 2023, 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 it is further,

ORDERED that the motion is otherwise denied.

DILLON, J.P., WOOTEN, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court