Appellate Division: Second Judicial Department

M299683

AFA/

COLLEEN D. DUFFY, J.P.

LINDA CHRISTOPHER

LARA J. GENOVESI

CARL J. LANDICINO, JJ.

2023-09855 Bank of America, N.A., respondent, v Rasheed Ola Olayinka, defendant; Rasheed Ola Olayinka Trust, nonparty- appellant. (Index No. 503344/2018)

DECISION & ORDER ON MOTION

Appeal from an order of the Supreme Court, Kings County, dated July 26, 2023. Motion by the respondent to dismiss the appeal, inter alia, on the ground that the appendix is inadequate or, in the alternative, 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 appeal on the ground the appendix is inadequate is granted to the extent that on or before November 1, 2024, the appellant shall serve and file a supplemental appendix containing Supreme Court NYSCEF Docket Nos. 205, 206, 207, 208, and 209, 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, and that branch of the motion is otherwise denied; and it is further,

ORDERED that the branch of the motion which is to extent the time to serve and file a brief is granted, and on or before December 2, 2024, the respondent shall serve and file its 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 it is further,

ORDERED that the motion is otherwise denied.

DUFFY, J.P., CHRISTOPHER, GENOVESI and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court