| Four RH Corp. v R&N Realty Holding Inc. |
| Motion No: 2021-01521 |
| Slip Opinion No: 2024 NY Slip Op 67968(U) |
| Decided on May 20, 2024 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M296511
AFA/
VALERIE BRATHWAITE NELSON, J.P.
LINDA CHRISTOPHER
DEBORAH A. DOWLING
LAURENCE L. LOVE, JJ.
|
2021-01521, 2021-01522 Four RH Corp., appellant, v R & N Realty Holding Inc., et al., defendants, BAC Home Loans Servicing LP, etc., respondent. (Index No. 719965/2020)
| DECISION & ORDER ON MOTION |
Appeals from an order and an order and judgment (one paper) of the Supreme Court, Queens County, both dated January 25, 2021. Motion by the respondent to dismiss the appeals on the ground that the record is insufficient or, in the alternative, to compel the appellant to serve and file a supplemental record containing certain material and to extend the time to serve and file a brief. Cross-motion by the appellant for leave to serve and file a supplemental record containing certain material.
Upon the papers filed in support of the motion and the cross-motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to compel the appellant to serve and file a supplemental record and the cross-motion are granted to the extent that on or before June 20, 2024, the appellant shall serve and file a supplemental record containing all trial exhibits, 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 that branch of the motion and the cross-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 July 22, 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 the motion is otherwise denied; and it is further,
ORDERED that the motion is otherwise denied.
BRATHWAITE NELSON, J.P., CHRISTOPHER, DOWLING and LOVE, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court