Appellate Division: Second Judicial Department

M299475

AFA/

CHERYL E. CHAMBERS, J.P.

PAUL WOOTEN

LOURDES M. VENTURA

LAURENCE L. LOVE, JJ.

2023-07884, 2023-07886 GMAC Mortgage, LLC, respondent, v Orlena Lawson, etc., appellant, et al., defendants. (Index No. 20388/2007)

DECISION & ORDER ON MOTION

Appeals from two orders of the Supreme Court, Kings County, both dated May 22, 2023. Motion by the respondent to dismiss the appeals on the ground that the dismissal of a prior appeal for failure to timely perfect precludes consideration of the issues to be raised on the appeals from the orders dated May 22, 2023, pursuant to Bray v Cox (38 NY2d 350), or, in the alternative, for leave to serve and file a supplemental record containing certain material and for an extension of 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 held in abeyance and referred to the panel of Justices hearing the appeals for determination upon the argument or submission thereof; and it is further,

ORDERED that the branch of the motion which is to serve and file a supplemental record is granted, and on or before October 25, 2024, the respondent shall serve and file a supplemental record containing Supreme Court NYSCEF Document No. 5, 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 denied as academic as the brief has been served and filed.

CHAMBERS, J.P., WOOTEN, VENTURA and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court