Appellate Division: Second Judicial Department

M293942

KS/

VALERIE BRATHWAITE NELSON, J.P.

CHERYL E. CHAMBERS

DEBORAH A. DOWLING

LILLIAN WAN, JJ.

2022-10530 U.S. Bank N.A., etc., respondent, v Leroy France, etc., defendant-appellant, et al., defendants; Ranjette Coombs, proposed intervenor-appellant. (Index No. 22730/2007)

DECISION & ORDER ON MOTION

Appeals from an order and judgment (one paper) of the Supreme Court, Kings County, dated May 27, 2022. Motion by the respondent to dismiss the appeal by the proposed intervenor-appellant, inter alia, on the ground that it has been rendered academic and she is not aggrieved by the order and judgment or, in the alternative, in effect, to strike the joint record filed by the proposed intervenor-appellant on the ground that it is insufficient, to strike stated portions of the brief filed by the proposed intervenor-appellant on the ground that they improperly raise arguments for the first time on the appeal, 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 by the proposed intervenor-appellant is denied; and it is further,

ORDERED that the branch of the motion which is to strike the joint record is granted to the extent that on or before March 1, 2024, the proposed intervenor-appellant shall serve and file a supplemental joint record containing all the papers filed in support of and in opposition to the proposed intervenor-appellant's motion, inter alia, for leave to intervene in the action, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental joint record and upload a digital copy of the supplemental joint record 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 strike stated portions of the brief filed by the proposed intervenor-appellant is held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; 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 April 1, 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., CHAMBERS, DOWLING and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court