Appellate Division: Second Judicial Department

M293572

AFA/

BETSY BARROS, J.P.

CHERYL E. CHAMBERS

PAUL WOOTEN

LILLIAN WAN, JJ.

2023-05002 JPMorgan Chase Bank, National Association, respondent, v Richard Valencia, appellant, et al., defendants. (Index No. 712761/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Queens County, dated May 18, 2023. Motion by the respondent to dismiss the appeal on the ground that the record is inadequate or, in the alternative, for leave to file a supplemental record containing certain material, and, in effect, 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 for leave to file a supplemental record containing certain material is granted, and on or before February 16, 2024, the respondent shall serve and file a supplemental record containing all papers filed in support of and in opposition to the appellant's motion for summary judgment dated September 9, 2021, 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, in effect, to extend the time to serve and file a brief is granted and on or before February 16, 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.

BARROS, J.P., CHAMBERS, WOOTEN and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court