Appellate Division: Second Judicial Department

M287463

AFA/

VALERIE BRATHWAITE NELSON, J.P.

CHERYL E. CHAMBERS

DEBORAH A. DOWLING

BARRY E. WARHIT, JJ.

2022-00144 Deutsche Bank Trust Co., etc., appellant, v Olmedo S. Gonzalez, et al., respondents. (Index No. 31946/2021)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Rockland County, dated December 8, 2021. Motion by the respondents 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 file a supplemental record is granted, and on or before March 24, 2023, the appellant shall serve and file a supplemental record containing the full court file, 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 branch of the motion to extend the time to serve and file a brief is granted, and on or before April 24, 2023, the respondents shall serve and file the respondents' 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.

BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WARHIT, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court