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

June 15, 2026

2024-07460, 705854/2021

Colleen D. Duffy, J.P.

Janice A. Taylor

Lourdes M. Ventura

Elena Goldberg Velazquez, JJ.

[*1]

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated April 3, 2024. Motion by the respondent, in effect, to dismiss the appeal for failure to assemble a proper appendix or, in the alternative, 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 granted to the extent that the appendix is stricken, and on or before July 15, 2026, the appellant shall serve and file a replacement appendix which contains those portions of the record necessary to permit the court to fully consider the issues which will be raised by the appellant and the respondent and which is otherwise in compliance with CPLR 5528 and 22 NYCRR 1250.7(d), via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the replacement appendix and upload digital copies of the replacement appendix, 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 August 14, 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.

DUFFY, J.P., TAYLOR, VENTURA and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court