Appellate Division: Second Judicial Department

M292240

KS/

VALERIE BRATHWAITE NELSON, J.P.

ROBERT J. MILLER

LARA J. GENOVESI

LILLIAN WAN, JJ.

2022-04682 Deutsche Bank National Trust Company, etc., respondent, v Deolall Mohan, et al., appellants, et al., defendant. (Index No. 24542/2010)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated May 23, 2022. Motion by the respondent to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to strike stated portions of the record and appellant's brief on the ground that they contain and refer to certain exhibits reproduced in a form other than the form in which they were submitted to the Supreme Court, Kings County, 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 branches of the motion which are to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to strike stated portions of the record and appellants' brief are granted to the extent that pages 1575 through 1597 and pages 2164 through 2187 of the record and Point IV of the appellants' brief are stricken, and on or before December 13, 2023, the appellants shall serve and file, via NYSCEF, a replacement record which contains copies of Exhibit B to the affirmation of Glenn W. Caulfield in support of the motion for a judgment of foreclosure and sale, dated December 3, 2019, and Schedule/Exhibit B annexed to the referee's report of computation, dated October 24, 2019, in the form in which they were submitted to the Supreme Court, Kings County, and is in all other respects the same as the record previously filed, and a brief that does not contain the stricken material and is in all other respects the same as the brief previously filed, and those branches of the motion are 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 January 12, 2024, 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.

BRATHWAITE NELSON, J.P., MILLER, GENOVESI and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court