Appellate Division: Second Judicial Department

M296921

AFA/

VALERIE BRATHWAITE NELSON, J.P.

JOSEPH J. MALTESE

HELEN VOUTSINAS

LAURENCE L. LOVE, JJ.

2019-09089 U.S. Bank National Association, respondent, v Haleh Kerendian, appellant, et al., defendant. (Index No. 5341/2014)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Nassau County, dated May 2, 2019. By decision and order on motion of this Court dated March 8, 2023, the appellant was directed to serve and file a supplemental appendix containing the order with notice of entry. The appellant filed a supplemental appendix containing a decision of the same court dated May 2, 2019. By order to show cause dated April 19, 2024, the parties were directed to show cause before this Court why an order should or should not be made and entered dismissing the appeal for failure to comply with the decision and order on motion of this Court dated March 8, 2023.

Now, upon the order to show cause and the papers filed in response thereto, it is

ORDERED that the motion to dismiss the appeal is denied on condition that on or before July 8, 2024, the appellant shall serve and file a supplemental appendix containing the order dated May 2, 2019, with notice of entry, via NYSCEF, if applicable, or, if NYSCEF is not mandated, serve the supplemental appendix and upload a digital copy of the supplemental appendix, with proof of service thereof, through the digital portal on this Court's website.

BRATHWAITE NELSON, J.P., MALTESE, VOUTSINAS and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court