New Penn Financial, LLC v Levanta Global Inc.
Motion No: 2023-02232
Slip Opinion No: 2024 NY Slip Op 74858(U)
Decided on September 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M299353

AFA/

BETSY BARROS, J.P.

JOSEPH J. MALTESE

PAUL WOOTEN

DEBORAH A. DOWLING, JJ.

2023-02232, 2023-02371

New Penn Financial, LLC, etc., plaintiff-respondent,

v Levanta Global Inc., et al., defendants,

Quamba Gbadago, et al., defendants-respondents,

Blue Way Realty Inc., appellant.

(Index No. 506680/2016)

DECISION & ORDER ON MOTION

Appeals from an order and judgment (one paper) and an order of the Supreme Court, Kings County, both dated November 10, 2022. Motion by the plaintiff-respondent to dismiss the appeals on the ground that they have been rendered academic or on the ground that the record is inadequate or, in the alternative, to direct the appellant to serve and 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 appeals is denied; and it is further,

ORDERED that the branch of the motion which is to direct the appellant to serve and file a supplemental record is granted, and on or before October 21, 2024, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF document numbers 127, 128, 147, 148, 150, 152, and 188, 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 October 21, 2024, the plaintiff-respondent shall serve and file the plaintiff-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.

BARROS, J.P., MALTESE, WOOTEN and DOWLING, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court