| Deutsche Bank National Trust Company v Houdek |
| Motion No: 2023-08066 |
| Slip Opinion No: 2024 NY Slip Op 75627(U) |
| Decided on October 2, 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. |
Appellate Division: Second Judicial Department
M299682
AFA/
COLLEEN D. DUFFY, J.P.
LINDA CHRISTOPHER
LARA J. GENOVESI
CARL J. LANDICINO, JJ.
|
2023-08066, 2023-08067 Deutsche Bank National Trust Company, etc., respondent, v Dennis Houdek, et al., appellants, et al., defendants. (Index No. 602226/2019)
| DECISION & ORDER ON MOTION |
Appeals from two orders of the Supreme Court, Nassau County, both dated May 16, 2023. Motion by the respondent to dismiss the appeals 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. Cross-motion by the appellants for leave to serve and file a supplement record containing certain material.
Upon the papers filed in support of the motion and the cross-motion and the papers filed in opposition thereto, it is
ORDERED that the branch of the motion which is to dismiss the appeal 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 containing certain material, and the cross-motion for leave to serve and file a supplement record containing certain material, are granted, and on or before November 1, 2024, the appellant shall serve and file a supplemental record containing Supreme Court NYSCEF Document Nos. 20 through 30, 40, 42 through 45, 54 through 55, 59, and 88, 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 December 2, 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.
DUFFY, J.P., CHRISTOPHER, GENOVESI and LANDICINO, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court