Appellate Division: Second Judicial Department

M291593

AFA/

JOSEPH J. MALTESE, J.P.

WILLIAM G. FORD

BARRY E. WARHIT

LOURDES M. VENTURA, JJ.

2021-08672 Ditech Financial, LLC, etc., appellant, v Mario Roldan, respondent, et al., defendants. (Index No. 609981/2016)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Suffolk County, dated October 25, 2021. 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 file a supplemental record containing certain material is granted, and on or before November 15, 2023, the appellant shall serve and file a supplemental record containing NYSCEF documents 1-2, 19-20, 45, 48-65, and the respondent's order to show cause dated on or about March 20, 2017, 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 which is to extend the time to serve and file a brief is granted, and on or before December 15, 2023, 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,

ORDERED that no further extension of time shall be granted.

MALTESE, J.P., FORD, WARHIT and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court