Appellate Division: Second Judicial Department

M296561

AFA/

MARK C. DILLON, J.P.

ROBERT J. MILLER

LARA J. GENOVESI

HELEN VOUTSINAS, JJ.

2023-07100 Avrohom D. Schwartz, et al., appellants, v Mendy Goldstein, respondent. (Index No. 507186/2020)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated May 17, 2023. Motion by the respondent to dismiss the appeal on the ground that the record is inadequate or, in the alternative, to strike the record and direct the appellants to file a replacement 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 cross-motion and the papers filed in opposition thereto, it is

ORDERED that the branches of the motion which are to dismiss the appeal or, in the alternative, to strike the record and direct the appellants to file a replacement record containing certain material are denied; and it is further,

ORDERED that the cross-motion is granted, and on or before June 21, 2024, the appellants shall serve and file a supplemental record containing the transcript of the oral argument which occurred on May 17, 2023, 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 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.

DILLON, J.P., MILLER, GENOVESI and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court