Appellate Division: Second Judicial Department

M294756

AFA/

HECTOR D. LASALLE, P.J.

CHERYL E. CHAMBERS

HELEN VOUTSINAS

JANICE A. TAYLOR, JJ.

2023-04509 In the Matter of Germaine Kirton, Deceased. Brian Morris, etc., appellant; Housing Urban Development, LLC, respondent. (File No. 121/A-2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Surrogate's Court, Kings County, dated March 17, 2023. Motion by the respondent to dismiss the appeal on the ground that the record is inadequate or, in the alternative, inter alia, for leave to 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 for leave to file a supplemental record is granted, and on or before April 8, 2024, the respondent shall serve and file a supplemental record containing the records filed with respect to the petition bearing File No. 2020-121/A 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 April 8, 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; and it is further,

ORDERED that the motion is otherwise denied.

LASALLE, P.J., CHAMBERS, VOUTSINAS and TAYLOR, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court